Steelfinne Fabrications Pty Ltd Summary

[2022] FWCA 1162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steelfinne Fabrications Pty Ltd

(AG2022/834)

STEELFINNE FABRICATIONS PTY LTD (HALLAM) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 APRIL 2022

Application for the approval of the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 April 2022. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Steelfinne Fabrications Pty Ltd, sought approval for the Enterprise Agreement 2022. The agreement was intended to regulate employment conditions for workers at its Hallam site. The Fair Work Commission was the tribunal tasked with evaluating the application. The primary dispute centred around the fairness and appropriateness of the proposed terms and conditions outlined in the agreement.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it complied with the Fair Work Act 2009, and whether the agreement was procedurally fair. Specifically, the Commission needed to assess whether the agreement was made without undue influence, whether it was made in good faith, and if it provided for fair terms and conditions of employment.

In its decision, the Commission found that the application met all statutory requirements. The agreement was genuinely an enterprise agreement as it was made without coercion and in good faith. The Commission determined that the proposed terms and conditions were fair, taking into account the nature of the work, the workforce, and the business of the employer. Additionally, the Commission was satisfied that the agreement was procedurally fair, as the process of negotiating and finalising the agreement adhered to the necessary protocols. Consequently, the Commission approved the application.

The Fair Work Commission approved the application for the Enterprise Agreement 2022. This approval means that the terms and conditions outlined in the agreement are legally binding for the employees covered by the agreement.

Steelfinne Fabrications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established