Stilcon Holdings Pty Ltd

[2019] FWCA 5140

[2019] FWCA 5140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stilcon Holdings Pty Ltd
(AG2019/2199)

AMWU AND THE STILCON HOLDINGS PTY LTD COLLECTIVE BARGAINING STRUCTURAL STEEL WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JULY 2019

Application for approval of an enterprise agreement

[1] An application has been made by Stilcon Holdings Pty Ltd for approval of an enterprise agreement known as the AMWU and the Stilcon Holdings Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2017 (the Agreement). The application is made under s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The application is generally in order however one procedural irregularity requires attention. The employer did not take ‘all reasonable steps’ to ensure that, throughout the ‘access period’ for the Agreement, employees had access to a copy of the Manufacturing and Associated Industries and Occupations Award 2010 (Award), which is incorporated into the Agreement. It does not appear that the employer took any particular steps to ensure such access. However, I note that the Agreement is largely a rollover of an existing instrument. The Australian Manufacturing Workers’ Union (AMWU) affirmed in a submission to the Commission that the Agreement is the latest in a succession of enterprise agreements that have been based on the Award and its predecessors. It submitted that the Award is well-known to employees, in the public domain and readily available, and that employees of the company were able to obtain a free printed award booklet published by the union.

[3] In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[4] The Employer 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.

[5] On the basis of the material contained in the application and accompanying statutory declaration, and 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.

[6] The AMWU, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 24 July 2019 and, in accordance with s 54, will operate from 31 July 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318

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