Surdex Steel Pty Ltd T/A Surdex Steel

[2013] FWCA 3733

FAIR WORK COMMISSION

DECISION

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

Surdex Steel Pty Ltd T/A Surdex Steel
(AG2013/1162)

SURDEX STEEL 2013 COLLECTIVE WORKPLACE AGREEMENT

Storage services
COMMISSIONER RIORDAN	SYDNEY, 12 JUNE 2013

s.185 Application for approval of the Surdex Steel 2013 Collective Workplace Agreement.

[1] An application has been made for approval of an enterprise agreement known asthe Surdex Steel 2013 Collective Workplace Agreement (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 Applicant). 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 relevant to this application for approval have been met.

[3] The National Union of Workers (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Surdex Steel Pty Ltd T/A Surdex Steel, the applicants sought approval from the Fair Work Commission for a collective workplace agreement. The applicants argued that the agreement was intended to ensure the company's continued viability and that it was in the best interests of the employees. The dispute arose as the company claimed that the agreement was necessary to facilitate the company's financial recovery and to maintain employment for its workers. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under section 185 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the good faith bargaining process, if it was in the best interests of the employees, and if it was likely to facilitate the company's financial recovery. The Commission also considered if the agreement met the requirements for the protection of employees' rights and entitlements.

In its decision, the Fair Work Commission found that the agreement did meet the criteria for approval under section 185 of the Fair Work Act 2009. The Commission was satisfied that the agreement was the product of good faith bargaining, that it was in the best interests of the employees, and that it was likely to facilitate the company's financial recovery. The Commission also found that the agreement provided for the protection of employees' rights and entitlements. The Commission approved the Surdex Steel 2013 Collective Workplace Agreement.

The Fair Work Commission's final orders included the approval of the Surdex Steel 2013 Collective Workplace Agreement, which was to be registered and enforceable as a registered agreement under the Fair Work Act 2009. The Commission also ordered that the agreement would be in effect for a period of three years, from the date of registration, and that it would be subject to the usual processes for variation or termination. The Commission's decision provided the applicants with the necessary approval to implement the agreement and to work towards the company's financial recovery while protecting employees' rights and entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established