DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tonkin Steel Pty Ltd T/A Tonkin Steel
(AG2016/6411)

TONKIN STEEL EMPLOYEE ENTERPRISE AGREEMENT 2016

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JANUARY 2017

Application for approval of the Tonkin Steel Employee Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tonkin Steel Employee Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tonkin Steel Pty Ltd T/A Tonkin Steel. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 16 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Tonkin Steel Employee Enterprise Agreement 2016. The application was brought by Tonkin Steel Pty Ltd, trading as Tonkin Steel, and was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The key legal issues that the court had to address included whether the agreement contained all the mandatory terms as required by the Act, whether the agreement was made in accordance with the procedural requirements, and whether the agreement was in the best interests of the employees covered by it. Additionally, the court had to consider whether there had been any procedural unfairness or breaches of the good faith bargaining obligations.

The court examined the evidence and submissions provided by both parties. It found that the agreement contained all the necessary mandatory terms and had been made following the correct procedures. The court also concluded that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it provided. The court was satisfied that there had been no procedural unfairness and that the bargaining obligations had been met in good faith.

The court approved the Tonkin Steel Employee Enterprise Agreement 2016, thereby allowing it to come into effect. The decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment under the new agreement.

Tonkin Steel Pty Ltd T/A Tonkin Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established