Vulcan Steel Pty Ltd
[2024] FWCA 1889
•24 MAY 2024
| [2024] FWCA 1889 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Vulcan Steel Pty Ltd
(AG2024/1468)
VULCAN STEEL SMITHFIELD ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER MCKINNON | SYDNEY, 24 MAY 2024 |
Application for approval of the Vulcan Steel Smithfield Enterprise Agreement 2024
Vulcan Steel Pty Ltd has applied for approval of a single enterprise agreement known as the Vulcan Steel Smithfield Enterprise Agreement 2024 (the Agreement).
The Australian Workers’ Union was a bargaining representative for the Agreement and seeks to be covered by the Agreement. However, it raises concerns about whether the Agreement passes the better off overall test in minimum engagement, frequency of payment of wages, hours of work and meal breaks and payment for work on Sundays. The Union also submits that there is no classification structure in the Agreement which may result in employees performing work outside their level.
I agree with the Union that the absence of minimum engagement terms in the Agreement gives rise to a concern about whether all employees will be better off overall. The remaining issues are overcome when regard is had to the more beneficial terms of the Agreement, including significantly higher rates of pay. A written undertaking has been given in relation to the minimum engagement issue. The undertaking meets the requirements of section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
The Agreement is approved and will operate from 31 May 2024. The nominal expiry date of the Agreement is 30 March 2028.
The Agreement covers The Australian Workers’ Union.
COMMISSIONER
<AE524740 PR775296>
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
0
0
0