OneSteel Australian Tube Mills Pty Limited

[2014] FWCA 2197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Australian Tube Mills Pty Limited
(AG2014/585)

ONESTEEL ATM NEWCASTLE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 APRIL 2014

Application for approval of the OneSteel ATM Newcastle Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel ATM Newcastle Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Australian Tube Mills 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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have 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 those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Australian Tube Mills Pty Limited applied to the Fair Work Commission for the approval of the OneSteel ATM Newcastle Enterprise Agreement 2013. The dispute arose between the applicant company and its employees, specifically those represented by the Australian Manufacturing Workers Union (AMWU). The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission had to consider various aspects, including the negotiation process, the content of the agreement, and its compliance with the Act’s provisions.

The legal issues before the Commission involved verifying if the agreement was genuinely negotiated, if it contained the necessary minimum terms, and if it complied with procedural requirements. The Commission needed to ensure that the agreement was not only negotiated fairly but also provided for minimum entitlements as stipulated by the Act. Additionally, the Commission had to examine whether the agreement was made in good faith and whether it contained all the mandated terms.

The Commission concluded that the OneSteel ATM Newcastle Enterprise Agreement 2013 was validly negotiated and met all statutory requirements for approval. The agreement was found to cover the minimum terms prescribed by the Act and was made in good faith. The Commission was satisfied that the process followed was fair and transparent, and the content of the agreement was compliant with the legal standards. Consequently, the Fair Work Commission approved the agreement. The approval was based on the evidence presented and the findings that the agreement fulfilled all the necessary criteria for endorsement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established