OneSteel Manufacturing Pty Ltd

[2014] FWCA 1521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Manufacturing Pty Ltd
(AG2014/164)

ONESTEEL CONTI-STRETCH ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 4 MARCH 2014

Application for approval of the OneSteel Conti-Stretch Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as OneSteel Conti-Stretch Enterprise Agreement 2013 - 2016 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The applicant has given an undertaking in relation to the agreement which is attached to this decision and the back of the agreement.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 11 March 2014. The nominal expiry date of the Agreement is31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Manufacturing Pty Ltd applied to the Fair Work Commission for approval of the OneSteel Conti-Stretch Enterprise Agreement 2013-2016. The agreement, which would apply to employees of the company, was submitted for approval under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements for approval under the Act.

The central legal issues before the Commission were whether the agreement satisfied the criteria for registration under the Fair Work Act and whether it provided for the fair and equitable treatment of employees. This involved examining the process by which the agreement was made, the extent to which employee representatives were involved, and whether the agreement contained terms and conditions that were fair and reasonable.

The Commission found that the agreement was made in good faith and that the process followed in its negotiation was fair. It noted that the agreement provided for terms and conditions that were fair and reasonable, taking into account the needs of both the employer and employees. The Commission also found that the agreement met the requirements for approval under the Fair Work Act. Accordingly, the application for approval of the agreement was successful.

The Fair Work Commission approved the OneSteel Conti-Stretch Enterprise Agreement 2013-2016, subject to certain conditions. The Commission ordered that the agreement be registered and that it would have effect from the date of the Commission's decision. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that a copy be provided to the employer and the Australian Manufacturing Workers' Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established