Steelfinne Fabrications Pty Ltd

Case [2018] FWCA 2946


[2018] FWCA 2946
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Steelfinne Fabrications Pty Ltd
(AG2018/594)

STEELFINNE FABRICATIONS PTY LTD (HALLAM) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 23 MAY 2018

Application for approval of the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steelfinne Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2018. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428484  PR607398>

Annexure A

Details
AGLC
Steelfinne Fabrications Pty Ltd [2018] FWCA 2946
Case
[2018] FWCA 2946
Decision Date

CaseChat Overview and Summary

Steelfinne Fabrications Pty Ltd recently had its Enterprise Agreement 2017 brought before the Fair Work Commission for approval. This case involved the company and its employees, who were represented by the Manufacturing and Engineering Employees Union. The primary dispute centered around the terms and conditions of the proposed agreement and whether it complied with the requirements set out in the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the necessary standards for being deemed a "single, integrated, and coherent" document, and whether it had been genuinely negotiated between the parties. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both employers and employees and whether it adhered to the general principles of industrial law.

The Fair Work Commission evaluated the agreement by considering its structure, content, and the negotiation process. It was determined that the agreement was indeed a single, integrated, and coherent document, as it covered various aspects of employment conditions in a unified manner. The Commission also found that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and processes outlined in the documentation. Furthermore, the Commission assessed that the agreement appropriately balanced the interests of both parties, with provisions that catered to both the company's operational needs and the employees' rights and protections. The Commission concluded that the agreement adhered to the general principles of industrial law and, therefore, approved the Enterprise Agreement 2017.

In summary, the Fair Work Commission found that the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2017 met the necessary requirements for approval. The agreement was considered to be a single, integrated, and coherent document, genuinely negotiated between the parties, and balanced the interests of both employers and employees. The Commission approved the agreement, which will now govern the employment conditions of the employees at Steelfinne Fabrications Pty Ltd.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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