DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steelvision Pty Ltd
(AG2017/3802)

STEELVISION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Steelvision Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Steelvision Pty Ltd 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 Steelvision 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 8 December 2017. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steelvision Pty Ltd, a company in the telecommunications industry, sought approval of an enterprise agreement that it had negotiated with employee representatives. The application was heard by the Fair Work Commission, which is the Australian workplace relations tribunal. The enterprise agreement was challenged by the Communication Workers Union, which argued that it did not adequately protect employee conditions and entitlements.

The Commission was required to determine whether the enterprise agreement complied with the relevant legislative provisions. This involved assessing whether the agreement contained all the mandatory terms and conditions that must be included in an enterprise agreement, and whether it had been negotiated in good faith. The Commission also had to consider whether the agreement was likely to have a detrimental effect on employees, and whether any provisions that were contrary to public policy should be disregarded.

The Commission found that the enterprise agreement was compliant with the relevant legislative requirements. It determined that the agreement contained all the mandatory terms and conditions, and that it had been negotiated in good faith. The Commission also found that the agreement was not likely to have a detrimental effect on employees, and that there were no provisions that were contrary to public policy. As a result, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Steelvision Pty Ltd Enterprise Agreement 2017, subject to certain modifications that were required to ensure compliance with the relevant legislative provisions. The modifications related to the calculation of overtime and penalty rates, and the provision of notice of termination of employment. The Commission also made an order that the agreement be registered with the Australian Industrial Relations Commission.

Steelvision 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