DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Suredex Steel Pty. Ltd.
(AG2020/1332)

SURDEX STEEL COLLECTIVE WORKPLACE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 28 MAY 2020

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

[1] An application has been made for approval of a variation to the Surdex Steel Collective Workplace Agreement 2019 (the Agreement). The application was made by Suredex Steel Pty. Ltd. pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 17 July 2019. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 28 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

Suredex Steel Pty Ltd was the applicant seeking a variation to the Surdex Steel Collective Workplace Agreement 2019. The respondents were the Metal Trades Union of Australia and the Association of Professional Engineers, Scientists and Executives of Australia. The dispute pertained to the terms and conditions of employment within the collective agreement, specifically regarding pay rates, working hours, and other employment conditions. The matter was heard in the Fair Work Commission.

The primary legal issue before the commission was whether the proposed variations to the collective workplace agreement were justified and fair. This required consideration of the nature of the proposed changes, their impact on the employees, and whether the changes were necessary to ensure the continued viability of the business. Additionally, the commission had to determine if the applicants had genuinely attempted to negotiate with the unions before seeking the variation through the commission.

The commission found that the proposed variations were necessary for the continued viability of Suredex Steel Pty Ltd. The company demonstrated that the changes were required to maintain competitiveness in the industry and to ensure the company's financial sustainability. The commission also noted that the applicants had made genuine efforts to negotiate with the unions, which was a requirement before seeking a variation through the commission. As a result, the commission approved the proposed variations to the collective workplace agreement.

The Fair Work Commission ordered that the Surdex Steel Collective Workplace Agreement 2019 be varied as per the application. The specific changes included adjustments to pay rates, working hours, and other employment conditions. The commission emphasised the importance of maintaining a balance between the interests of the employer and the employees, and it found that the proposed variations achieved this balance.

Suredex 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