DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vesta Steel Pty Ltd
(AG2021/4718)

VESTA STEEL PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2021

Application for approval of the Vesta Steel PTY LTD ENTERPRISE AGREEMENT 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vesta Steel PTY LTD ENTERPRISE AGREEMENT 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vesta Steel Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 April 2021.

[3] The Applicant has submitted an undertaking in the required form dated 28 April 2021. The undertaking deals with the following topics:

• Employees may elect to have their superannuation paid into a super fund of their choice.

• Annual leave will accrue progressively throughout the year.

• In respect of better off overall testing and the issue relating to the test time rate, the Applicant has specified that the rate will be taken from the first column in clause 4.1.

[4] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

[5] The “Construction, Forestry, Maritime, Mining and Energy Union” (CFMMEU) requested to be heard in this matter. On 23 April 2021, my chambers emailed the CFMMEU to seek clarification on the basis of their intervention and offered the opportunity to provide any objections by 12:00pm noon Thursday 29 April 2021.

[6] As at the time of this decision no response has been received from the CFMMEU.
[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vesta Steel Pty Ltd was involved in a dispute concerning the approval of the Vesta Steel PTY LTD Enterprise Agreement 2021. The application for approval was lodged with the Fair Work Commission, which has the authority to assess and approve enterprise agreements to ensure they meet the legal standards set out in the Fair Work Act 2009. The primary issue before the court was whether the proposed agreement complied with the requirements for a valid enterprise agreement under the Act. This included scrutinising the agreement for compliance with provisions related to employee representation, negotiation processes, and the substantive terms and conditions of employment.

The court had to determine if the negotiation process leading to the agreement was fair and if the agreement itself was in good faith. It also had to ensure that the agreement contained the mandated minimum terms and conditions, and that it was not detrimental to the employees. The court examined whether the agreement provided for adequate consultation and negotiation processes, and if it covered all necessary aspects of employment without unfairly disadvantaging employees.

After reviewing the evidence and the arguments presented, the court concluded that the enterprise agreement was negotiated in good faith and contained all the required minimum terms and conditions. The court found that the negotiation process was fair and that the agreement did not unfairly disadvantage the employees. Consequently, the court approved the Vesta Steel PTY LTD Enterprise Agreement 2021. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that the agreement served the best interests of both the employer and the employees.

Vesta Steel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established