DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wade Carman
(AG2017/1055)

STEEL FRAME SOLUTIONS PTY LTD OFFICE EMPLOYEES ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2017

Application for approval of the Steel Frame Solutions Pty Ltd Office employees Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Steel Frame Solutions Pty Ltd Office employees Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wade Carman. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 16 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, Steel Frame Solutions Pty Ltd, sought approval for the Office employees Enterprise Agreement 2017-2020. The respondent, the Australian Council of Trade Unions, raised concerns about the agreement's compliance with certain provisions of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner S.J. Barrett.

The primary legal issue before the court was whether the Office employees Enterprise Agreement 2017-2020 complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning the payment of wages and the treatment of employees. The court had to consider whether the agreement contained all the mandatory terms and conditions as prescribed by the Act and if it provided for a fair and reasonable outcome for both the employer and employees.

Commissioner Barrett examined the provisions of the agreement and found that it complied with the mandatory terms and conditions as required by the Fair Work Act 2009. The court was satisfied that the agreement provided for a fair and reasonable outcome for both parties and did not unfairly disadvantage any employee. As a result, the court approved the Office employees Enterprise Agreement 2017-2020.

In conclusion, the Fair Work Commission approved the Office employees Enterprise Agreement 2017-2020, finding that it complied with the mandatory terms and conditions of the Fair Work Act 2009. The court was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and employees.

Wade Carman

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established