DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty OneSteel (Newcastle) Pty Ltd T/A InfraBuild Steel Newcastle
(AG2019/4215)

INFRABUILD STEEL (NEWCASTLE) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 19 NOVEMBER 2019

Application for approval of the InfraBuild Steel (Newcastle) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Steel (Newcastle) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 26 November 2019. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liberty OneSteel (Newcastle) Pty Ltd T/A InfraBuild Steel Newcastle applied for approval of the InfraBuild Steel (Newcastle) Enterprise Agreement 2019. The applicant is a company that operates a steel fabrication facility in Newcastle, New South Wales, and the application was made to the Fair Work Commission, pursuant to section 232 of the Fair Work Act 2009. The applicant and the relevant union, the Construction, Forestry, Maritime, Mining and Energy Union, had entered into an enterprise agreement that required approval by the Commission to be legally binding. The union represents the applicant's employees who are covered by the agreement.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary provisions for minimum wages and conditions, and whether it had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement provided for proper dispute resolution mechanisms and if it aligned with the overarching objectives of the Fair Work Act, which include promoting cooperative workplace relations.

The Commission found that the agreement contained all the necessary provisions for minimum wages and conditions and was made in good faith. It also noted that the agreement included appropriate dispute resolution mechanisms. The Commission concluded that the agreement met the statutory requirements for approval and aligned with the objectives of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the InfraBuild Steel (Newcastle) Enterprise Agreement 2019, confirming its legal binding effect. The Commission's decision was based on the comprehensive review of the agreement, which satisfied all statutory requirements and aligned with the principles of the Fair Work Act.

Liberty OneSteel (Newcastle) Pty Ltd T/A InfraBuild Steel Newcastle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established