DECISION

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

The Steel Fixing Bureau Pty Ltd
(AG2015/395)

SFB ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the SFB Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SFB Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Steel Fixing Bureau 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 Fair Work Commission (FWC) received correspondence dated 26 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 320 March 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Steel Fixing Bureau Pty Ltd (SFB) applied to the Fair Work Commission for approval of the SFB Enterprise Agreement 2015. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The nature of the dispute centred on the terms of the proposed agreement and its compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission involved whether the agreement contained mandatory terms that were not prohibited by law, whether it was made in good faith and whether it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it was fair and reasonable in all its circumstances.

In reaching its decision, the Commission examined the content of the agreement, the process by which it was negotiated and the submissions made by both parties. The Commission noted that the agreement contained terms that were not prohibited by the Fair Work Act and that it had been negotiated in good faith. The Commission also found that the agreement provided for adequate mechanisms for the resolution of disputes and was fair and reasonable in all its circumstances. Consequently, the Commission approved the SFB Enterprise Agreement 2015.

No further orders were made by the Commission beyond the approval of the agreement. The decision provides clarity for SFB and the AMWU regarding the terms of the enterprise agreement and the legal framework within which it operates.

The Steel Fixing Bureau 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