Gfg Alliance T/A Onesteel Manufacturing Pty Ltd Summary

[2022] FWCA 1190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gfg Alliance T/A Onesteel Manufacturing Pty Ltd

(AG2022/805)

GFG South Australia MBR Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 12 APRIL 2022

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

An application has been made for approval of an enterprise agreement known as the GFG South Australia MBR 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

The case before the Fair Work Commission involved an application by GFG Alliance T/A Onesteel Manufacturing Pty Ltd for the approval of the GFG South Australia MBR Enterprise Agreement 2022. The dispute arose from negotiations between the company and the union representing its employees, which had culminated in the proposed enterprise agreement. The commission was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed agreement complied with the provisions of the Fair Work Act. This included examining whether the agreement was in the best interests of the employees it covered, whether it was made in good faith, and whether it contained minimum workplace entitlements as outlined by the Act. Additionally, the commission had to determine if the agreement had been properly negotiated and if it adhered to the procedural requirements for enterprise agreements.

In its decision, the commission found that the GFG South Australia MBR Enterprise Agreement 2022 met all the necessary legal criteria. The agreement was deemed to be in the best interests of the employees, having been made in good faith and containing appropriate minimum entitlements. The commission was satisfied with the evidence presented, confirming that the agreement was the result of proper negotiation processes. Consequently, the commission approved the enterprise agreement, recognising its compliance with the statutory requirements.

As a result of the commission's approval, the GFG South Australia MBR Enterprise Agreement 2022 was formally recognised and enforceable under the Fair Work Act. This decision ensures that the terms of the agreement, which had been negotiated between the company and the union, will govern the employment conditions of the relevant employees.

Gfg Alliance T/A Onesteel Manufacturing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established