Vulcan Steel Pty Ltd

[2024] FWCA 2819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vulcan Steel Pty Ltd

(AG2024/2697)

VULCAN STEEL PTY LTD ENGINEERING STEELS MELBOURNE ENTERPRISE AGREEMENT 2023

Storage services
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2024

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

An application has been made for approval of an enterprise agreement known as the Vulcan Steel Pty Ltd Engineering Steels Melbourne 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 Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

The United Workers’ Union 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 8 August 2024. The nominal expiry date of the Agreement is 4 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vulcan Steel Pty Ltd applied to the Fair Work Commission for approval of the Engineering Steels Melbourne Enterprise Agreement 2023. The applicant, Vulcan Steel Pty Ltd, sought approval for the proposed agreement which aimed to regulate the terms and conditions of employment for its employees covered by the agreement. The dispute centred on whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed agreement complied with the procedural and substantive requirements for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was fairly negotiated and if it contained all the prescribed minimum terms and conditions as required by the legislation. Additionally, the Commission considered whether the agreement was consistent with the public interest and did not discriminate against employees or employers.

The Commission found that the proposed agreement was fairly negotiated and contained all the prescribed minimum terms and conditions. It noted that the agreement was the product of good faith bargaining between the parties and met all the legal requirements for approval. The Commission was satisfied that the agreement did not contain any provisions that were inconsistent with the public interest or discriminatory in nature. Consequently, the Commission approved the Engineering Steels Melbourne Enterprise Agreement 2023.

The Fair Work Commission approved the Engineering Steels Melbourne Enterprise Agreement 2023, effective from the date of the decision. This decision confirmed the validity of the agreement and its compliance with the Fair Work Act. The approval allowed the agreement to be implemented as the governing document for the employment terms and conditions of the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established