DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stolen Steelies Pty Ltd t/a SS Reinforcement Specialists
(AG2016/4028)

S S REINFORCEMENT SPECIALISTS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the S S Reinforcement Specialists Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the S S Reinforcement Specialists Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stolen Steelies Pty Ltd t/a SS Reinforcement Specialists. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 12 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Stolen Steelies Pty Ltd t/a SS Reinforcement Specialists involved an application for the approval of the Enterprise Agreement 2016. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The applicant, Stolen Steelies Pty Ltd, sought approval for the agreement, which outlined the terms and conditions of employment for its employees. The respondents, including various employee representatives, raised objections to the agreement, contending that it did not adequately address certain terms and conditions of employment.

The legal issues before the Commission centred on whether the Enterprise Agreement 2016 met the requirements of the Fair Work Act 2009, particularly in relation to the provisions for minimum entitlements, individual flexibility arrangements, and procedural fairness. The respondents argued that the agreement failed to comply with certain statutory minima, particularly concerning shift and weekend penalty rates, and that it did not provide adequate procedural fairness to employees during the negotiation process. The applicant, on the other hand, contended that the agreement was fair and reasonable, and that it met all statutory requirements.

The Fair Work Commission carefully examined the terms of the agreement and the submissions made by both parties. The Commission noted that the agreement provided for shift and weekend penalty rates that were in line with the applicable award and statutory minima. While acknowledging some procedural shortcomings in the negotiation process, the Commission found that these did not significantly impact the fairness of the agreement as a whole. The Commission concluded that the agreement was fair and reasonable, and approved it under section 233 of the Fair Work Act 2009.

The Commission's decision was that the Enterprise Agreement 2016, as submitted, was approved in its entirety. The approval was subject to specific conditions, including the requirement that the applicant rectify certain procedural deficiencies and ensure compliance with the agreement's provisions moving forward. The decision effectively resolves the dispute between the parties, allowing the agreement to be implemented as a binding contract of employment for the employees covered by the agreement.

Stolen Steelies Pty Ltd t/a SS Reinforcement Specialists

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established