DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stewart and Sons Steel Pty Ltd
(AG2015/2005)

STEWART AND SONS STEEL P/L. COLLECTIVE AGREEMENT 2015/2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Stewart and Sons Steel P/L. Collective Agreement 2015/2016.

[1] An application has been made for approval of an enterprise agreement known as the Stewart and Sons Steel P/L. Collective Agreement 2015/2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Stewart and Sons Steel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stewart and Sons Steel Pty Ltd, applied to the Fair Work Commission for approval of a collective agreement it had entered into with the Electrical Trades Union of Australia. The agreement, which covered the period from 1 July 2015 to 30 June 2016, was made under section 226 of the Fair Work Act 2009. The union represented employees in the electrical trades industry, and the applicant operated in the steel industry. The dispute centred on whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement was a "good faith" agreement and whether it complied with the various provisions of the Fair Work Act and Regulations. Specifically, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or contravened the Act or the Regulations. The Commission also had to consider whether the agreement provided for a proper process for the resolution of disputes and whether it contained appropriate provisions for the protection of employees.

The Commission found that the agreement was a good faith agreement and that it complied with the requirements of the Act and the Regulations. The Commission noted that the agreement contained provisions for the resolution of disputes and for the protection of employees, and that it did not contain any provisions that were contrary to public policy or that contravened the Act or the Regulations. The Commission was satisfied that the agreement met the requirements of the Act and the Regulations, and approved the agreement.

The Commission approved the collective agreement and made orders to that effect. The applicant and the union were directed to take all necessary steps to give effect to the approved agreement. The applicant and the union were also directed to provide a copy of the approved agreement to the Commission within 14 days of the date of the orders. The applicant and the union were further directed to notify their employees of the approved agreement and to take all necessary steps to ensure that the agreement was implemented in accordance with its terms.

Stewart and Sons Steel 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