Integrated Steel Mill Services Pty Limited Summary

[2013] FWCA 8977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Steel Mill Services Pty Limited
(AG2013/11136)

INTEGRATED STEEL MILL SERVICES/AUSTRALIAN WORKERS UNION ENTERPRISE AGREEMENT - ONESTEEL - WARRATAH SITE - 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Onesteel - Waratah Site - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Steel Mill Services/Australian Workers Union Enterprise Agreement - Onesteel - Waratah Site - 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Steel Mill Services Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Steel Mill Services Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Workers Union. The agreement concerned terms and conditions of employment at Onesteel's Waratah site. The dispute centred on the scope and fairness of the proposed agreement under the Fair Work Act 2009. The legal issues before the Commission involved whether the agreement met the requirements for "registerable" status under the Fair Work Act, including whether it had been fairly negotiated and if it complied with relevant provisions.

The Commission examined whether the agreement had been made in good faith and if it provided for proper protections and entitlements for employees. It also considered if the agreement was consistent with the Fair Work Act's objectives and if it met the criteria for registration. The Commission found that the agreement had been fairly negotiated and met the legislative requirements for registration. It noted that the agreement provided for reasonable terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms.

Having concluded that the agreement was fair and met the statutory criteria, the Commission approved the enterprise agreement. The decision emphasised the importance of ensuring that such agreements were negotiated in good faith and provided fair outcomes for both employers and employees. The Commission's approval allowed the agreement to be registered and enforceable under the Fair Work Act, ensuring that the terms and conditions set out in the agreement could be implemented at the Waratah site.

Integrated Steel Mill Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established