DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newcastle Resources Pty Ltd T/A Steelstone
(AG2021/4645)

NEWCASTLE RESOURCES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 21 MAY 2021

Application for approval of the Newcastle Resources Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Resources Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newcastle Resources Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newcastle Resources Pty Ltd, trading as Steelstone, applied to the Fair Work Commission for approval of the Newcastle Resources Enterprise Agreement 2020. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicant sought to approve a new enterprise agreement which aimed to replace an existing one and govern the terms and conditions of employment for its workers.

The key legal issues before the Commission included whether the agreement met the requirements of section 234 of the Fair Work Act, including being a "genuine agreement" that was "freely and fairly negotiated". The Commission also had to determine if the agreement complied with the "better off overall test" under section 235 of the Act, ensuring that no party was worse off overall than they would have been under the previous agreement. Furthermore, the Commission assessed whether the agreement was consistent with the National Employment Standards and whether it contained any unlawful content.

After considering the submissions from both parties and reviewing the contents of the agreement, the Commission found that the Newcastle Resources Enterprise Agreement 2020 was a genuine agreement, freely and fairly negotiated, and met the requirements under the Fair Work Act. The Commission also determined that the agreement passed the better off overall test, as no party was worse off overall than they would have been under the previous agreement. The agreement was also found to comply with the National Employment Standards and did not contain any unlawful content. Therefore, the Commission approved the agreement, paving the way for its implementation.

The Fair Work Commission approved the Newcastle Resources Enterprise Agreement 2020, confirming that it met all the necessary legal requirements and would be implemented as the governing agreement for the terms and conditions of employment for the workers of Newcastle Resources Pty Ltd, trading as Steelstone.

Newcastle Resources Pty Ltd T/A Steelstone

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established