Midalia Steel T/A OneSteel Trading Pty Ltd Summary

[2014] FWCA 5162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Midalia Steel T/A OneSteel Trading Pty Ltd
(AG2014/1670)

MIDALIA STEEL AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2014

Application for approval of the Midalia Steel Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Midalia Steel Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Midalia Steel Trading Pty Ltd, trading as OneSteel Trading, applied for the Fair Work Commission's approval of the Midalia Steel Agreement 2014 - 2017. The agreement was made between the employer and the Australian Manufacturing Workers' Union (AMWU). The employer submitted the application under section 233 of the Fair Work Act 2009. The nature of the dispute was primarily around whether the agreement was in the best interests of the employees and if it complied with the relevant industrial relations legislation.

The court was required to determine several legal issues. First, it had to assess if the agreement was genuinely a product of bargaining between the parties. Second, the court needed to consider if the agreement was made without any duress, coercion, or unfair pressure. Third, the court had to evaluate whether the agreement provided fair and reasonable terms and conditions for the employees, ensuring it aligned with the objectives of the Fair Work Act. Lastly, the court had to ensure that the agreement did not adversely affect the employees' rights and entitlements.

The Fair Work Commission found that the agreement was genuinely made through free collective bargaining, without any undue pressure or coercion. The terms and conditions of the agreement were deemed fair and reasonable, meeting the statutory objectives of providing a safety net of minimum entitlements and promoting high levels of productivity and employment. The commission was satisfied that the agreement did not unjustifiably diminish employees' rights or entitlements. Consequently, the Fair Work Commission approved the Midalia Steel Agreement 2014 - 2017, recognising it as meeting the requirements under the Fair Work Act.

Midalia Steel T/A OneSteel Trading Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established