United Steel Pty Ltd T/A G.A.M. Steel

[2017] FWCA 5489

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

United Steel Pty Ltd T/A G.A.M. Steel

(AG2017/3442)

G.A.M. Steel Enterprise Agreement 2017-2021

Storage services
Commissioner McKinnon	MELBOURNE, 23 OCTOBER 2017

Application for approval of the G.A.M. Steel Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the G.A.M. Steel Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Steel Pty Ltd T/A G.A.M. Steel. The Agreement is a single enterprise agreement.

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.

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.

The National Union of Workers 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 30 October 2017. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

United Steel Pty Ltd, trading as G.A.M. Steel, applied to the Fair Work Commission for approval of the G.A.M. Steel Enterprise Agreement 2017-2021. The agreement was to cover employees who were members of the United Steelworkers Union. The dispute centred on the procedural fairness of the application process and the agreement's compliance with relevant laws.

The legal issues the court needed to address included whether the application process was procedurally fair, whether the agreement met the requirements of the Fair Work Act 2009, and whether it was in the best interest of the employees. The court had to consider the process by which the agreement was negotiated, the participation of the union, and the agreement's provisions concerning wages, hours of work, and other employment conditions.

The Fair Work Commission found that the application process was procedurally fair and that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The court noted that the agreement had been negotiated with the active participation of the union and that it provided for fair and reasonable terms for the employees. The court approved the agreement, finding that it was in the best interest of the employees.

The Fair Work Commission ordered the approval of the G.A.M. Steel Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement was to remain in force until it was varied or terminated in accordance with its provisions. The decision underscored the importance of procedural fairness in the application process and the need for agreements to meet the statutory requirements and serve the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established