OneSteel Manufacturing Pty Ltd (Administrator Appointed) T/A Arrium Mining

[2016] FWCA 6301

[2016] FWCA 6301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

OneSteel Manufacturing Pty Ltd (Administrator Appointed) T/A Arrium Mining
(AG2016/5304)

ARRIUM MIDDLEBACK RANGES EMPLOYEES ENTERPRISE AGREEMENT 2016

Mining industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 SEPTEMBER 2016

Application for approval of the Arrium Middleback Ranges Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Arrium Middleback Ranges Employees Enterprise Agreement 2016 (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 (Administrator Appointed) T/A Arrium Mining. The Agreement is a single-enterprise agreement.

[2] Arrium Mining have provided undertakings in the following terms:

By correspondence dated 31 August 2016 –

“Operation of the 2016 Agreement:

1. The Company undertakes not to implement any of the changes introduced into the 2016 Agreement.
2. The Company undertakes that the terms of the Arrium Middleback Ranges Employees Enterprise Agreement 2014 (2014 Agreement) will continue to be applied.

Dispute about any matter arising under the 2014 Agreement

3. The Company undertakes that if there is any dispute about any matter arising under the 2014 Agreement, the Company will seek to resolve the dispute under clause 38 – Procedure for Resolving Claims, Issues and Disputes of the 2016 Agreement.

The above undertakings will cease to apply on the operation of the replacement to the OneSteel Agreement.”

By correspondence dated 1 September 2016 –

“Clause 6

1 The Company undertakes to read the reference to “the company, unions and their members” as a reference to “the parties”.

Clauses 30(5) and 48A

2 The Company undertakes to read the references to “the unions” as a reference to “the union or other employee representative”.

Schedule 11, Supported Wage Provisions, paragraph (d)

3 The Company undertakes to read the reference to “the employer and a union party to the award, in consultation with the employee” as a reference to “the employer and the employee (who may appoint a representative for the purposes of this clause)”.

Schedule 11, Supported Wage Provisions, paragraph (h)

4 The Company undertakes to read the reference to “the parties” as a reference to “the employer and the employee (who may appoint a representative for the purposes of this clause)”.

Undertakings 1-4 are given in recognition that all employees are free to become or not become members of industrial associations, and are free to be represented or not represented by industrial associations.

Clauses 33 and 40

5 The Company undertakes to read the references to “National Code of Practice for the Construction Industry and the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry” as a reference to “Building Code 2013”.

[3] The above undertakings have been endorsed by the relevant unions.

[4] As a result, the above undertakings are taken to be terms of the Agreement. A full copy of advices provided by the employer are attached to the Agreement as Attachment A and B.

[5] 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 those organisations.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

<Price code O, AE420928  PR584996>