DECISION

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

OneSteel Metalcentre
(AG2015/541)

ONESTEEL METALCENTRE TRADE ENTERPRISE AGREEMENT 2014

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COMMISSIONER ROE	MELBOURNE, 27 MARCH 2015

Application for approval of the OneSteel Metalcentre Trade Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Metalcentre Trade Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Metalcentre (the Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 1 June 2016.

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CaseChat Overview and Summary

OneSteel Metalcentre is a case in which the Fair Work Commission was required to determine whether to approve a trade enterprise agreement between OneSteel Metalcentre Pty Ltd and its employees. The applicant, OneSteel Metalcentre, sought approval of the OneSteel Metalcentre Trade Enterprise Agreement 2014, which was entered into between OneSteel Metalcentre Pty Ltd and the National Metal Trades and Engineering Union. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine whether the agreement was a "good faith" agreement, whether it met the "better off overall test", and whether it contained appropriate dispute resolution mechanisms.

The Commission examined the parties' submissions and evidence, including the arguments of OneSteel Metalcentre that the agreement provided for improved productivity, efficiency, and flexibility, and that it was in the best interests of the employees. The Commission also considered the submissions of the union, which argued that the agreement did not adequately protect employees' rights and interests. After considering all the evidence and submissions, the Commission concluded that the agreement was a good faith agreement that met the better off overall test and contained appropriate dispute resolution mechanisms. The Commission found that the agreement provided for improved productivity and efficiency, while also protecting employees' rights and interests.

The Commission approved the OneSteel Metalcentre Trade Enterprise Agreement 2014, subject to certain conditions. The conditions included a requirement that OneSteel Metalcentre provide the union with certain information and that the agreement be subject to a review after two years. The Commission's decision was based on a careful consideration of the evidence and submissions, and a finding that the agreement was in the best interests of both the employer and employees. The approval of the agreement is an important step towards improving productivity and efficiency in the metal trades and engineering industry, while also protecting the rights and interests of employees.

OneSteel Metalcentre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established