OneSteel Manufacturing Pty Ltd

[2014] FWCA 1453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Manufacturing Pty Ltd
(AG2014/279)

ONESTEEL MANUFACTURING PTY LTD NEWCASTLE ROD & BAR AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 28 FEBRUARY 2014

Application for approval of the OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Manufacturing Pty Ltd. 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] On 27 February 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 March 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 Manufacturing Pty Ltd applied to the Fair Work Commission for approval of the OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Agreement 2013 - 2016. The application was opposed by the Australian Manufacturing Workers' Union and the Transport Workers' Union. The dispute centred on the validity of the agreement, particularly the terms relating to pay rates and conditions for employees within the specified period.

The central legal issues were whether the agreement was made in good faith and whether it complied with the relevant legislative provisions, including the Fair Work Act 2009. Additionally, the court had to consider whether the agreement adequately protected the rights and interests of the employees and whether it was made without any coercion or undue influence.

The Fair Work Commission carefully examined the evidence and submissions from both parties. It determined that the agreement was made in good faith and adhered to the legislative requirements. The Commission found that the terms of the agreement were fair and reasonable, and it approved the agreement. The Commission emphasised that the agreement provided appropriate protections for employees and did not impose any unfair conditions.

The Fair Work Commission approved the OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Agreement 2013 - 2016. The decision confirmed the validity of the agreement and its compliance with the Fair Work Act. The Commission's approval enabled the agreement to be implemented, ensuring that the terms and conditions of employment for the employees were legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established