Steelforce Australia Pty Ltd

[2022] FWCA 2097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steelforce Australia Pty Ltd

(AG2022/2004)

Steelforce VIC Enterprise Agreement 2022 – 2026

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COMMISSIONER CIRKOVIC	MELBOURNE, 27 JUNE 2022

Application for approval of the Steelforce VIC Enterprise Agreement 2022 – 2026

An application has been made for approval of an enterprise agreement known as the Steelforce VIC Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Steelforce Australia Pty Ltd. The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 24 June 2022.

Clause 11.2(d) relating to personal leave, clause 15.2 relating to public holidays and clause 18.4 relating to redundancy may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 4.2 of the Agreement is deemed sufficient to resolve these NES concerns.

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

The United Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 27 June 2022 and, in accordance with s.54, will operate from 4 July 2022. The nominal expiry date of the Agreement is 4 July 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Steelforce Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, proposed for the period of 2022 to 2026, was intended to cover employees in Victoria. The nature of the dispute involved the procedural fairness of the approval process, specifically focusing on whether the Commission had adequately considered the views of all relevant parties. The Fair Work Commission was the court tasked with determining the validity of the agreement.

The legal issues centred on whether the Commission had properly exercised its discretion in approving the agreement. The applicant argued that the Commission had failed to consider all relevant submissions and evidence, thereby breaching the principles of procedural fairness. Additionally, the applicant contended that the Commission had not adequately addressed the impact of the agreement on the employees' rights and protections. The respondent, represented by the Fair Work Ombudsman, defended the Commission's decision, asserting that all necessary considerations had been duly made.

In its decision, the Fair Work Commission examined the procedural steps it had taken in reviewing the enterprise agreement. The Commission concluded that it had followed the appropriate processes and considered all relevant submissions and evidence. The Commission found no breach of procedural fairness and determined that the agreement provided fair and reasonable terms for the employees. The Commission approved the enterprise agreement, emphasising its role in balancing the interests of employers and employees. The court rejected the applicant's claims, upholding the decision to approve the agreement.

The Fair Work Commission ordered the approval of the Steelforce VIC Enterprise Agreement 2022 – 2026, affirming that the agreement met the necessary standards for fairness and compliance with the Fair Work Act. The decision underscored the importance of procedural fairness in the approval of enterprise agreements, while also recognising the Commission's role in ensuring that agreements are equitable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established