IES Industrial Pty Ltd T/A IES Australia

[2014] FWCA 2581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IES Industrial Pty Ltd T/A IES Australia
(AG2014/819)

IES AUSTRALIA AND AWU (ONESTEEL LAVERTON NORTH) AGREEMENT 2014 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2014

Application for approval of the IES Australia and AWU (OneSteel Laverton North) Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the IES Australia and AWU (OneSteel Laverton North) Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by IES Australia Pty Ltd T/A IES Australia. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to the undertaking provided, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 April 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, IES Industrial Pty Ltd trading as IES Australia, sought approval for a proposed enterprise agreement with the Australian Workers' Union (AWU). The AWU represented workers at the OneSteel Laverton North facility. The dispute was heard by the Fair Work Commission (FWC) in Australia. The applicant and the union had negotiated an enterprise agreement, the IES Australia and AWU (OneSteel Laverton North) Agreement 2014 - 2016, which they sought to have approved by the FWC. The primary legal issue the FWC had to decide was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC needed to consider if the agreement complied with the "better off overall test" (BOOT), ensuring that the agreement was at least as good as the relevant award or existing enterprise agreement in terms of pay and conditions.

The FWC examined the terms of the proposed agreement, including pay rates, leave entitlements, and other conditions of employment. It considered submissions from both parties and assessed whether the agreement provided employees with terms and conditions that were no worse, and in some respects better, than those provided for in the applicable award. The FWC concluded that the proposed agreement met the BOOT, as it provided employees with improved conditions in several areas, such as pay rates and leave entitlements, compared to the relevant award. Therefore, the FWC approved the agreement, finding that it was in the interests of the employees and would promote improved industrial relations.

Consequently, the FWC issued an order approving the IES Australia and AWU (OneSteel Laverton North) Agreement 2014 - 2016 as a registered enterprise agreement under the Fair Work Act 2009 (Cth). The agreement was to be registered and would come into effect on the date of the FWC's decision. This decision allowed the agreement to legally bind both the applicant and the union's members, providing a stable framework for industrial relations at the OneSteel Laverton North facility for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established