DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surdex Steel Pty. Ltd.
(AG2019/1730)

SURDEX STEEL COLLECTIVE WORKPLACE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2019

Application for approval of the Surdex Steel Collective Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surdex Steel Collective Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surdex Steel Pty. Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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. 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.

[4] I observe that clauses 9(iv), 16, 18 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2(iii) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers (NUW) 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 17 July 2019 and, in accordance with s.54, will operate from 24 July 2019. The nominal expiry date of the Agreement is 1 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Surdex Steel Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Surdex Steel Collective Workplace Agreement 2019. The agreement was made between the employer and employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application for approval arose from a dispute over the validity of the agreement, which had been entered into by the parties. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it complied with the provisions of the Fair Work Act, and whether it was in the interests of the employees. The Commission also needed to consider whether any provisions in the agreement were contrary to public policy or contrary to any other law. The central issue was whether the agreement was a genuine workplace agreement that should be approved and registered.

The Fair Work Commission determined that the agreement was genuinely negotiated between the parties and that it complied with the requirements of the Fair Work Act. The Commission found that the agreement was in the best interests of the employees and did not contravene any law or public policy. The Commission approved the Surdex Steel Collective Workplace Agreement 2019, noting that it provided for fair and reasonable terms for the employees. The decision was made in the context of ensuring that the agreement met all statutory requirements and provided a fair outcome for both parties.

The final orders of the Commission included the approval and registration of the Surdex Steel Collective Workplace Agreement 2019, effective from the date of the decision. The agreement was to apply to all employees of Surdex Steel Pty Ltd who were members of the Construction, Forestry, Maritime, Mining and Energy Union. The decision ensured that the agreement would be legally binding and enforceable, providing clarity and certainty for both the employer and employees.

Surdex 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