DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vulcan Steel Pty Ltd T/A Vulcan Steel Pty Ltd
(AG2018/4582)

VULCAN STEEL PTY LTD ENTERPRISE AGREEMENT 2018

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COMMISSIONER CIRKOVIC	MELBOURNE, 4 JANUARY 2019

Application for approval of the Vulcan Steel Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vulcan Steel Pty Ltd Enterprise Agreement 2018 (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 Steel Pty Ltd. 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.

[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. 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.

[4] The National Union of Workers 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] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 5 May 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Vulcan Steel Pty Ltd, trading as Vulcan Steel Pty Ltd, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The application was brought before the Commission by the company and the United Workers Union. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the minimum entitlements and safety provisions for the employees.

The court was required to determine if the agreement complied with the statutory minimum standards set out in the Fair Work Act, and if it provided for appropriate mechanisms for the resolution of workplace disputes. The court also needed to assess whether the agreement was made in good faith and whether it provided for a fair and reasonable process for its variation or termination.

The Fair Work Commission found that the Enterprise Agreement 2018 complied with the statutory minimum standards and provided for appropriate mechanisms for the resolution of workplace disputes. The Commission concluded that the agreement was made in good faith and provided for a fair and reasonable process for its variation or termination. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The court ordered that the Enterprise Agreement 2018 be approved, with the modifications outlined in the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that a copy be provided to each employee covered by the agreement. The decision provides guidance for employers and unions when negotiating enterprise agreements, and highlights the importance of ensuring compliance with the Fair Work Act.

Vulcan Steel Pty Ltd T/A Vulcan Steel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established