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austlii:cth/FWCA/2025/961
General information, not legal advice.
FWCA
2025-03-20
Original judgment source is linked above.
s.185 - Enterprise agreement
Integrated Steel Mill Services Pty Ltd T/A Steelstone Sydney
STEEL MILL SERVICES PTY LTD AWU ENTERPRISE AGREEMENT 2025
Application for approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2025
[1] Integrated Steel Mill Services Pty Ltd has applied for approval of an enterprise agreement known as the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2025 ("Agreement"). The application is made under s 185 of the Fair Work Act 2009 ("Act"). The Agreement is a single enterprise agreement.
[2] The Australian Workers' Union ("AWU") was a bargaining representative for the Agreement. It supports the approval of the Agreement.
[3] Clause 25.2 of the Agreement deals with notice of termination by employees. It provides that if an employee fails to give the required notice, the Company "shall be entitled to withhold monies equal to the value of the number of days for which proper notice was not given to a maximum of one (1) week's wages". The source from which monies - presumably payable to the employee - may be withheld is not stated. On its face, the clause might be read as impermissibly allowing the Company to withhold monies owing to the employee on termination under the National Employment Standards, such as accrued but unused annual leave or long service leave.
[4] Having noted that, clause 4 of the Agreement provides that where a term of the Agreement is in conflict with the NES, the NES is to apply. This should ensure that clause 25.2 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.
[5] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
[6] The AWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AWU.
[7] The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 March 2025. The nominal expiry date of the Agreement is 31 December 2028.
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