OneSteel Australian Tube Mills Pty Ltd

[2014] FWCA 1577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Australian Tube Mills Pty Ltd
(AG2014/223)

ONESTEEL ATM SOMERTON ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the OneSteel ATM Somerton Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by OneSteel Australian Tube Mills Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 12 March 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

OneSteel Australian Tube Mills Pty Ltd applied to the Fair Work Commission for approval of the OneSteel ATM Somerton Enterprise Agreement 2013. The application arose as the agreement had been negotiated by OneSteel with its employees represented by the Australian Manufacturing Workers Union and the Australian Workers Union. The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the mandatory provisions of the Fair Work Act and whether it was fairly negotiated. The Commission considered the definition of "enterprise" under the Act, the process of negotiation, and the content of the agreement itself. The Commission also examined whether the agreement met the "better off overall test" and if it complied with the "good faith" requirement.

The Commission found that the agreement was fairly negotiated and met the statutory requirements. It concluded that the agreement was made in good faith, covered all employees within the defined enterprise, and met the better off overall test. The Commission noted the comprehensive nature of the agreement and the parties' efforts to address the needs of both employers and employees. Consequently, the Commission approved the agreement, finding that it was fit for the purpose of being a registered agreement under the Act. The final orders included the registration of the OneSteel ATM Somerton Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established