United Steel Pty Ltd T/A GAM Steel

[2021] FWCA 1976

[2021] FWCA 1976

FAIR WORK COMMISSION

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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