DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Steelmill Services Pty Ltd t/a Steelstone Sydney
(AG2021/5478)

INTEGRATED STEEL MILL SERVICES PTY LTD AWU ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 JUNE 2021

Application for approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2021.

[1] Steelstone Sydney has applied for approval of a single enterprise agreement known as the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 11 June 2021 and, in accordance with s.54, will operate from 18 June 2021. The nominal expiry date of the Agreement is 31 December 2024.

[5] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Integrated Steelmill Services Pty Ltd, trading as Steelstone Sydney, sought approval of the Integrated Steel Mill Services Pty Ltd AWU Enterprise Agreement 2021. The applicant, a steel recycling business, entered into the agreement with the Australian Workers’ Union. The union represents employees who are involved in the operation of the applicant’s steel recycling facility. The union submitted the agreement for approval under section 233 of the Fair Work Act 2009, claiming it met the “better off overall test” required for registration.

The primary legal issue before the Commission was whether the agreement provided employees with a direct financial benefit, or benefits that were not financial but were otherwise advantageous, which outweighed any disadvantages. This required the Commission to consider whether the agreement was in the interests of the employees, having regard to the objects of the Act. Specifically, the Commission had to assess the terms and conditions of the agreement against the criteria set out in section 235 of the Act, including whether the agreement promoted high and productive employment, and encouraged flexibility and efficiency in the workplace.

The Commission examined the submissions and evidence provided by both parties. It found that the agreement provided employees with improved wage rates, shift penalties, allowances, and other employment conditions which were better than the applicable awards. The Commission concluded that the overall benefits provided by the agreement were sufficient to meet the better off overall test. It noted that the agreement promoted productive employment and encouraged flexibility and efficiency in the workplace. The Commission was satisfied that the agreement was in the interests of the employees and approved the agreement under section 233 of the Act.

The Commission ordered that the agreement be registered and become a registered agreement from 1 April 2021. It also directed that a copy of the approved agreement be served on the employer, the union, and the registrar of the Fair Work Commission.

Integrated Steelmill Services Pty Ltd t/a Steelstone Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established