DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steelmark (Aust) Pty Ltd T/A Steelmark
(AG2014/10416)

STEELMARK (AUST) PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2015

Application for approval of the Steelmark (Aust) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Steelmark (Aust) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steelmark (Aust) Pty Ltd T/A Steelmark. The Agreement is a single-enterprise agreement.

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

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2015. The nominal expiry date of the Agreement is 8 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE 1

CaseChat Overview and Summary

The parties involved in the case are Steelmark (Aust) Pty Ltd, trading as Steelmark, and the Australian Manufacturing Workers' Union. The nature of the dispute was an application for the approval of the Steelmark (Aust) Pty Ltd Enterprise Agreement 2014, which was brought before the Fair Work Commission. The court was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue that the court needed to decide was whether the Enterprise Agreement contained all the minimum terms and conditions as required by the Act. This involved examining the provisions of the agreement to ensure it complied with the relevant legislative requirements, including the minimum entitlements set out in the National Employment Standards. The court also had to consider whether the agreement was made in good faith and if it was free from any illegality.

In reaching its decision, the court considered the specific provisions of the agreement and the evidence presented by the parties. The court found that the agreement met all the necessary criteria for approval. It contained all the minimum terms and conditions as required by the Act and was made in good faith. The court concluded that the agreement was lawful and in compliance with the relevant provisions of the Fair Work Act 2009. As a result, the court approved the Steelmark (Aust) Pty Ltd Enterprise Agreement 2014.

The final orders of the court included the approval of the agreement, which became a legally binding contract between the employer and the employees covered by the agreement. The court's decision ensured that the agreement provided the necessary protections and entitlements to the employees while allowing the employer to operate within the framework of the Fair Work Act 2009.

Steelmark (Aust) Pty Ltd T/A Steelmark

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established