DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vulcan Steel Pty Ltd T/A Vulcan Stainless
(AG2020/4128)

VULCAN STAINLESS SMITHFIELD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the Vulcan Stainless Smithfield Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Vulcan Stainless Smithfield Enterprise Agreement 2020 (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 T/A Vulcan Stainless. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 16.2.2 – Redundancy

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 30 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Vulcan Steel Pty Ltd, trading as Vulcan Stainless, sought approval for the Vulcan Stainless Smithfield Enterprise Agreement 2020. The applicant aimed to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined within the agreement, which covered various aspects including wages, hours of work, leave provisions, and dispute resolution mechanisms.

The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009. Key issues included whether the agreement had been genuinely negotiated, whether it included minimum entitlements, and whether it complied with the procedural requirements for registration. The Commission also considered submissions from both the applicant and other interested parties, including the Australian Manufacturing Workers' Union, regarding the fairness and reasonableness of the agreement's terms.

After careful consideration of the evidence and submissions, the Commission found that the agreement had been genuinely negotiated and contained all the required minimum entitlements. The Commission was satisfied that the procedural requirements for registration had been met and that the agreement was fair and reasonable. Consequently, the Commission approved the agreement, which will now be registered and binding on the parties as a registered enterprise agreement.

The final orders of the Commission included the registration of the Vulcan Stainless Smithfield Enterprise Agreement 2020 and mandated its enforcement as a binding agreement between Vulcan Steel Pty Ltd and its employees. The decision sets a precedent for similar agreements and ensures compliance with the Fair Work Act and Regulations.

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