DECISION

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

Williams Steel Co Pty Ltd
(AG2021/4205)

AMWU & WILLIAMS STEEL METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 APRIL 2021

Application for approval of the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023.

[1] Williams Steel Co Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The application was lodged by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) on behalf of the Employer. The Agreement is a single-enterprise agreement.

[2] The Employer provided a copy of the Building and Construction General On-site Award 2010 (the 2010 Award) to employees rather than the Building and Construction General On-site Award 2020 (the 2020 Award). The AMWU on behalf of the Employer provided submissions and an amended statutory declaration as to the error on 8 April 2021. I am satisfied that in all the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1(Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied in all the circumstances that employees were not likely to have been disadvantaged by this error.

[3] On the basis of the material contained in the application, and the accompanying statutory declaration and further amended statutory declaration, 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.

[4] The AMWU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 April 2021 and, in accordance with s 54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Williams Steel Co Pty Ltd recently brought an application before the Fair Work Commission for the approval of a new enterprise agreement, the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023. The Australian Manufacturing Workers' Union (AMWU) and the employer, Williams Steel, had reached an agreement in principle, and now sought the Commission's formal approval.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission had to consider if the agreement was made in good faith and if it covered the necessary terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement met the "better off overall test," meaning that the employees would be no worse off financially and at least some employees would be better off.

In making its decision, the Commission examined the details of the agreement and the evidence provided by both parties. It found that the agreement was made in good faith, that it covered all necessary terms and conditions of employment, and that it passed the better off overall test. The Commission was satisfied that the agreement provided fair and reasonable outcomes for the employees and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, ensuring that it would be a legally binding contract between the parties.

The Fair Work Commission approved the AMWU & Williams Steel Metal Engineering On-Site Construction Agreement 2020-2023, which will now govern the terms and conditions of employment for the relevant employees. The agreement provides a framework for the relationship between the employer and the union, ensuring fair and reasonable outcomes for both parties.

Williams Steel Co 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