OneSteel Manufacturing Pty Ltd

[2014] FWCA 784

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

OneSteel Manufacturing Pty Ltd T/A OneSteel Whyalla

(AG2013/12258)

ONESTEEL WHYALLA EMPLOYEES ENTERPRISE AGREEMENT

2013

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 4 FEBRUARY 2014
OneSteel Whyalla Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the

OneSteel Whyalla Employees Enterprise Agreement 2013 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Manufacturing Pty Ltd T/A OneSteel Whyalla. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The application for approval of the OneSteel Whyalla Employees Enterprise Agreement 2013 was heard by Senior Deputy President Callaghan in Adelaide on 4 February 2014. The applicant, OneSteel Manufacturing Pty Ltd trading as OneSteel Whyalla, sought approval of the agreement under section 185 of the Fair Work Act 2009. The agreement is a single-enterprise agreement that covers the employees of OneSteel Whyalla.

The legal issues before the court included whether the agreement met the requirements of sections 186, 187, and 188 of the Act, and whether the bargaining representatives for the agreement had given notice under section 183 of the Act that they wanted the agreement to cover them. The court found that all relevant requirements had been met, and that the bargaining representatives had given the necessary notice. The court also noted that the agreement covers the Australian Manufacturing Workers’ Union, the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union.

The court approved the agreement and ordered that it will operate from 12 February 2014. The nominal expiry date of the agreement is 31 August 2016. The decision was made in accordance with section 54 of the Act. The court's decision to approve the agreement provides certainty for both the employer and employees, ensuring that the terms and conditions of employment are agreed upon and regulated by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established