Gfg Alliance T/A Onesteel Manufacturing Pty Ltd

[2022] FWCA 1188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gfg Alliance T/A Onesteel Manufacturing Pty Ltd

(AG2022/803)

GFG South Australia MPS Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 12 APRIL 2022

Application for the approval of GFG South Australia MPS Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the GFG South Australia MPS Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gfg Alliance T/A Onesteel Manufacturing Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer and a copy of the undertakings is attached in Annexure A. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement.

The Australian Workers’ Union South Australian Branch (the AWU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU); the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU); and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) (collectively referred to as “the Organisations”) being bargaining representatives for the Agreement, has given noticed under s.183 of the Act that it wants to the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the Organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

Gfg Alliance T/A Onesteel Manufacturing Pty Ltd applied to the Fair Work Commission for the approval of the GFG South Australia MPS Enterprise Agreement 2022. The application involved the agreement reached between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other employment-related matters as stipulated in the proposed agreement.

The legal issues before the Fair Work Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for the approval of an enterprise agreement. Additionally, the court needed to consider whether the agreement met the "better off overall test," ensuring that the employees were not worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the proposed agreement met all statutory requirements and was fair and reasonable. The commission noted that the agreement provided for adequate wage increases and improved working conditions, and it satisfied the better off overall test. The commission also determined that all procedural requirements for the approval of the agreement were met, including proper consultation with the employees and the union. Consequently, the commission approved the GFG South Australia MPS Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established