Suredex Steel Pty. Ltd. Summary

[2022] FWCA 2304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suredex Steel Pty. Ltd.

(AG2022/2053)

Surdex Steel Collective Workplace Agreement 2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JULY 2022

Application for approval of the Surdex Steel Collective Workplace Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Surdex Steel Collective Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suredex Steel Pty. Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

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.

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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2(iii) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The United Workers' Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2022. The nominal expiry date of the Agreement is 1 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Suredex Steel Pty Ltd applied for approval of the Surdex Steel Collective Workplace Agreement 2022. The applicants sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on the grounds that the agreement failed to meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement was a genuine agreement reached through a process of genuine bargaining, and whether it contained the mandated minimum terms and conditions of employment as required by the Fair Work Act. The Commission had to examine the process through which the agreement was negotiated and whether it was made in good faith. Additionally, the Commission had to determine if the agreement satisfied all the minimum entitlements stipulated by the Act, including the standard award provisions, and if it provided fair terms for the employees.

The Commission found that the agreement was indeed a genuine agreement made through a process of genuine bargaining. The evidence presented indicated that the parties had engaged in a comprehensive negotiation process that was free from coercion and that the agreement reflected the outcome of those negotiations. The Commission further found that the agreement met all the minimum requirements of the Fair Work Act, including the mandated minimum terms and conditions of employment. The agreement included provisions for pay rates, leave entitlements, and other employment conditions that complied with the Act.

Consequently, the application for approval of the Surdex Steel Collective Workplace Agreement 2022 was approved by the Commission. The agreement was registered as a registered agreement under the Fair Work Act, effective from the date of the decision. The Commission's decision ensured that the agreement would serve as a binding contract between the parties, governing the employment terms of the employees covered by the agreement.

Suredex Steel Pty. Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established