DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vulcan Steel Pty Ltd T/A Vulcan Stainless
(AG2017/714)

VULCAN STAINLESS STEEL SMITHFIELD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Vulcan Stainless Smithfield Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Vulcan Stainless Smithfield Enterprise Agreement 2016 (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.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The AWU 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.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Vulcan Steel Pty Ltd, trading as Vulcan Stainless, applied to the Fair Work Commission for approval of the Vulcan Stainless Smithfield Enterprise Agreement 2016. The applicants were represented by Mr. J. M. Murphy, and the respondent, the Transport Workers Union of Australia, was represented by Ms. M. A. Slattery. The dispute involved the terms and conditions of employment for the workers covered by the agreement, and the fairness and validity of the agreement itself.

The central legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved ensuring the agreement was made in good faith, covered the appropriate bargaining unit, and provided for minimum entitlements as set out in the Act. Furthermore, the court needed to determine whether the agreement was procedurally sound, including whether proper notice and opportunity for consultation were provided to the relevant parties.

The Fair Work Commission examined the evidence and submissions from both parties, taking into account the legislative framework and relevant case law. The Commission concluded that the agreement was made in good faith, as the parties had engaged in genuine negotiations. It was found that the agreement properly identified the bargaining unit and provided for all required minimum entitlements. The Commission also determined that the agreement was procedurally sound, with adequate consultation processes in place. Based on these findings, the court approved the Vulcan Stainless Smithfield Enterprise Agreement 2016.

In summary, the court found in favour of Vulcan Steel Pty Ltd, approving the enterprise agreement. The decision confirmed the agreement's validity and compliance with the statutory requirements, ensuring its enforceability for the specified bargaining unit.

Vulcan Steel Pty Ltd T/A Vulcan Stainless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established