Vulcan Steel (Australia) Pty Ltd

[2023] FWCA 2633

[2023] FWCA 2633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Vulcan Steel (Australia) Pty Ltd

(AG2023/2634)

VULCAN STEEL PTY LTD ENTERPRISE AGREEMENT 2023

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 AUGUST 2023

Application for approval of the Vulcan Steel Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Vulcan Steel Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vulcan Steel (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. It is noted that the Notice of Employee Representational Rights issued to employees did not include the full name of the proposed agreement as required by s.174 and Regulation 2.05 of the Fair Work Regulations 2009. I regard this omission as a minor procedural error within the meaning of s.188(2)(a) and am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.[1]

1. The Applicant and the United Workers Union (UWU) have provided further submissions in relation to the access period referred to in s.180(3) and (4). The Applicant has also provided a revised Form F17. On the basis of this information, I am satisfied that the requirements of s.180(3) have been met.

1. I am also satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

1. I note that Clause 5.1 of the Agreement provides that this Agreement shall be read in conjunction with the National Employment Standards (NES) and that where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

1. The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 February 2026.

DEPUTY PRESIDENT

[1] See section 188(2)(b).

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