Steel Mains Pty Ltd Summary

[2023] FWCA 2521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Mains Pty Ltd

(AG2023/2454)

STEEL MAINS PTY LTD, SOMERTON STEEL OPERATION, ENTERPRISE AGREEMENT 2023 - 2027

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 AUGUST 2023

Application for approval of the Steel Mains Pty Ltd, Somerton Steel Operation, Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Steel Mains Pty Ltd, Somerton Steel Operation, Enterprise Agreement 2023 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel Mains Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steel Mains Pty Ltd, the employer, and a number of trade unions, the applicants, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was for the Somerton Steel Operation of Steel Mains Pty Ltd. The respondents, who were employees of Steel Mains, did not oppose the application, but they did make submissions that the agreement did not meet certain statutory requirements. The Fair Work Commission had to decide whether the agreement met the statutory requirements for approval.

The applicants argued that the agreement met all the requirements, including the requirement that the agreement must be "in writing". The respondents submitted that the agreement did not meet the requirement for the agreement to be "in writing" because certain provisions were not in a document that was signed by the parties. The Commission found that the agreement did meet the requirement for the agreement to be "in writing" because it was signed by the applicants and included all the provisions that had been agreed to by the parties. The Commission also found that the agreement met all the other statutory requirements for approval.

The Commission approved the agreement, and ordered that it be registered. The employees who were not members of the trade unions that were parties to the agreement were bound by the agreement from the date of registration. The employer was also bound by the agreement from the date of registration.

Steel Mains Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established