DECISION

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

OneSteel Manufacturing Pty Ltd (Administrator Appointed)
(AG2016/6160)

ONESTEEL WHYALLA EMPLOYEES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 OCTOBER 2016

Application for approval of the OneSteel Whyalla Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Whyalla 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) (OneSteel). The Agreement is a single-enterprise agreement.

[2] OneSteel have provided an undertaking in the following terms:

By correspondence dated 27 September 2016 –

“Consistent with and in accordance with clause 28 of the Agreement, which provides that “All changes in rates shown in clause 10(c) and the relevant schedules are based on:

1 November 2016 – reduction of 10%

1 September 2018 – increase of 3%

1 September 2019 – increase of 3%”

the Company undertakes to read the references to “1 November 2018” as a reference to “1 September 2018” and the references to “1 November 2019” as a reference to “1 September 2019” in the following schedules:

Schedule 2 – Rates of Pay
Schedule 3 – General Conditions – Disability Related Special Rates
Schedule 4 – Tool Allowance
Schedule 5 – General Conditions – Skills Related Special Rates
Schedule 8 – Electrical License Allowance
Schedule 9 – Leading Hand Definitions and Allowances
Schedule 13 – Dual Trade Allowance”

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

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of the advice provided by the employer is attached to the Agreement as Attachment A.

[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 13 October 2016. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

OneSteel Manufacturing Pty Ltd, represented by its appointed administrator, applied to the Fair Work Commission for approval of the OneSteel Whyalla Employees Enterprise Agreement 2016. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires certain conditions to be met for an enterprise agreement to be valid and binding.

The legal issues before the court included whether the agreement had been fairly negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement met the requirements for simplicity, transparency, and if it complied with the good faith bargaining provisions. The court also examined whether the agreement had been properly certified by the relevant authority as being free from prohibited content.

The Fair Work Commission found that the agreement had been fairly negotiated and was in compliance with the Fair Work Act. The court noted that the agreement was clear and transparent, with provisions that were easily understood by the employees. It also found that the agreement met the requirements for good faith bargaining, with both parties engaging in meaningful discussions and negotiations. The Commission was satisfied that the agreement had been properly certified and was free from prohibited content.

In light of these findings, the Fair Work Commission approved the OneSteel Whyalla Employees Enterprise Agreement 2016. The agreement is now a legally binding document that governs the employment conditions of the relevant employees. The Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement is in compliance with the Fair Work Act.

OneSteel Manufacturing Pty Ltd (Administrator Appointed)

DECISION

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