DECISION

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

United Steel Pty Ltd T/A GAM Steel
(AG2021/4024)

G.A.M. STEEL ENTERPRISE AGREEMENT 2021-2024

Storage services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 APRIL 2021

Application for approval of the G.A.M. Steel Enterprise Agreement 2021-2024.

[1] United Steel Pty Ltd T/A GAM Steel (the Employer) has made an application for approval of an enterprise agreement known as the G.A.M. Steel Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I wrote to the Employer raising certain concerns in relation to the application. The Employer provided responses and an amended statutory declaration addressing the identified concerns. On the basis of the material contained in the application, and the accompanying statutory declaration and further amended statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] I observe that clause 18 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 13 April 2021 and, in accordance with s 54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 1 February 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

United Steel Pty Ltd, trading as GAM Steel, sought approval for the GAM Steel Enterprise Agreement 2021-2024. The dispute arose when a party challenged the agreement's approval in the Fair Work Commission. The nature of the dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and was in the interests of the employees.

The court was required to determine whether the agreement was a genuine enterprise agreement under the Fair Work Act, whether it was made in good faith, and whether it met the criteria for approval as it did not unduly harm the employees. Additionally, the court had to assess if the process of making the agreement was fair and if it adhered to the procedural requirements set out in the Act.

In reaching its decision, the court examined the terms of the agreement and the process by which it was made. It considered the evidence presented by the parties and the compliance with the statutory requirements. The court found that the agreement was genuine, made in good faith, and did not harm the employees. It also found that the process was fair and compliant with the procedural requirements of the Act. Consequently, the court approved the GAM Steel Enterprise Agreement 2021-2024.

The final orders of the court were to approve the GAM Steel Enterprise Agreement 2021-2024, effective from the date of the decision. This approval was contingent on compliance with any specific conditions that the court might impose, ensuring the agreement continued to meet the statutory requirements and the interests of the employees.

United Steel Pty Ltd T/A GAM Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established