TT Steel Centre Australia Pty Ltd Summary

[2013] FWCA 302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TT Steel Centre Australia Pty Ltd
(AG2012/13171)

TT STEEL CENTRE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 JANUARY 2013

Application for approval of the TT Steel Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the TT Steel Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by TT Steel Centre Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 22 January 2013. The nominal expiry date of the Agreement is 20 December 2016

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE899348 PR533176>
APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, TT Steel Centre Australia Pty Ltd sought approval for the TT Steel Centre Enterprise Agreement 2013, which had been registered by the Commission. The dispute arose from an objection lodged by a former employee, who argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the Act, particularly in relation to procedural fairness and the protection of employee rights.

The Commission considered whether the process leading to the agreement’s registration was fair and whether the agreement itself contained all the mandated terms and conditions. It was essential to ensure that the agreement did not disadvantage employees and provided adequate protections. The Commission examined the submissions from both the employer and the objector, assessing the fairness of the negotiation process and the contents of the agreement.

After careful review, the Commission concluded that the process was fair and that the agreement met the necessary requirements under the Act. The objector's concerns about procedural fairness and employee protections were addressed adequately. The Commission found no grounds to reject the registration of the agreement, and it was approved as valid. The Commission emphasised the importance of ensuring that the agreement provided fair terms and conditions for employees, in line with legislative standards.

The Commission ordered the approval of the TT Steel Centre Enterprise Agreement 2013, confirming its validity under the Fair Work Act 2009. This decision was based on the comprehensive review of the negotiation process and the contents of the agreement, ensuring that it aligned with legal requirements and provided fair terms for employees.

TT Steel Centre Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established