Stewart and Sons Steel Pty Ltd Summary

[2013] FWCA 2132

FAIR WORK COMMISSION

DECISION

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

Stewart and Sons Steel Pty Ltd
(AG2013/5512)

STEWART AND SONS STEEL P/L. COLLECTIVE AGREEMENT 2013/2014

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the Stewart and Sons Steel P/L. Collective Agreement 2013/2014.

[1] An application has been made for approval of an enterprise agreement known as the Stewart and Sons Steel P/L. Collective Agreement 2013/2014 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 21 March 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] As the flexibility clause in the Agreement does not meet the requirements of s.202 of the Act, the model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[5] As the consultation clause in the Agreement does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Stewart and Sons Steel Pty Ltd sought approval of a collective agreement that was made with the workers' union. The company, which operates in the steel fabrication industry, had negotiated a series of terms and conditions with the union, including pay rates, work hours, and dispute resolution mechanisms. The union, representing the employees, argued that the agreement was fair and in the best interests of the workers. The company, on the other hand, raised concerns about certain provisions, particularly those relating to shift patterns and overtime entitlements.

The primary legal issue before the Commission was whether the collective agreement was "fair and appropriate" as required by section 234 of the Fair Work Act 2009. This involved assessing whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the interests of both the employees and the employer, as well as broader economic factors. The Commission also had to determine whether any specific provisions were unfair or detrimental to the employees, particularly in relation to the contested clauses regarding shift patterns and overtime.

After reviewing the evidence and submissions from both parties, the Commission found that the overall agreement was fair and appropriate. The Commission noted that the pay rates and other general terms were in line with industry standards and provided a reasonable balance of interests. While there were legitimate concerns about certain clauses, particularly those dealing with shift patterns and overtime, the Commission was satisfied that these issues could be addressed through further negotiation or amendments. Consequently, the Commission approved the collective agreement with some minor modifications to address the specific concerns raised. The Commission's decision balanced the need for fair terms and conditions with the importance of maintaining good industrial relations and ensuring that both parties had a say in the agreement's content.

Stewart and Sons Steel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established