DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steelfinne Fabrications Pty Ltd
(AG2015/4894)

STEELFINNE FABRICATIONS PTY LTD (HALLAM) ENTERPRISE AGREEMENT 2015-2017

Manufacturing and associated industries
COMMISSIONER ROE	PERTH, 22 SEPTEMBER 2015

Application for approval of the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2015-2017 (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 was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Steelfinne Fabrications Pty Ltd, applied for the approval of the Enterprise Agreement 2015-2017, which was negotiated with various unions representing their employees. The applicant sought the court's approval to ensure the agreement was legally binding on the parties involved. The Fair Work Commission heard the application and was tasked with determining whether the agreement complied with the necessary legal standards.

The primary legal issue before the court was whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it was a "better-off-overall-test" agreement. The court needed to assess if the agreement provided employees with a better overall package of terms and conditions compared to the applicable awards or previous agreements. Furthermore, the court considered if the agreement complied with procedural fairness, ensuring that it was fairly and properly negotiated.

The Fair Work Commission found that the agreement satisfied the better-off-overall-test and was procedurally fair. The agreement provided employees with improved terms and conditions, including wage increases and other benefits, compared to the applicable awards. The court concluded that the agreement met the necessary legal standards and approved the application. The decision ensured that the Enterprise Agreement 2015-2017 would be legally binding on the parties involved.

The Fair Work Commission approved the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2015-2017, confirming its compliance with the Fair Work Act 2009. The court's decision ensured that the agreement would be legally binding on the applicant and the unions representing the employees. This outcome provided certainty and stability in the employment relationship between the parties, as well as improved terms and conditions for the employees.

Steelfinne Fabrications Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established