DECISION

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

OneSteel Metalcentre
(AG2015/310)

ONESTEEL METALCENTRE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2015

Application for approval of the OneSteel Metalcentre Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Metalcentre 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 9 March 2015. The nominal expiry date of the Agreement is 9 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, OneSteel Pty Limited and OneSteel Metalcentre Pty Limited, sought approval of the OneSteel Metalcentre Enterprise Agreement 2014 from the Fair Work Commission. The applicants argued that the agreement should be certified as meeting the requirements for a single-employer agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the Metalcentre division of OneSteel, with the application for approval being contested by various unions and individual employees who argued that the agreement did not adequately protect their rights and interests.

The primary legal issue before the court was whether the enterprise agreement satisfied the criteria for approval as a single-employer agreement. This included determining if the agreement was genuinely negotiated, if it provided for proper dispute resolution mechanisms, and if it contained terms that were fair and reasonable. The court had to assess whether the agreement met the statutory requirements and if it provided for a fair and efficient workplace. Additionally, the court needed to consider if the agreement was in line with the Fair Work Act's objectives of promoting cooperative industrial relations.

In examining the application, the Fair Work Commission considered the negotiation process, the content of the agreement, and the fairness of its terms. The Commission found that the agreement had been genuinely negotiated between the parties and that it provided adequate mechanisms for dispute resolution. The court also noted that the agreement contained terms that were fair and reasonable, taking into account the objectives of the Fair Work Act. After reviewing the evidence and submissions, the Commission concluded that the OneSteel Metalcentre Enterprise Agreement 2014 met the necessary criteria for approval. The application was thus approved, and the agreement was certified as a single-employer agreement.

The Fair Work Commission ordered that the OneSteel Metalcentre Enterprise Agreement 2014 be approved as a single-employer agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would apply to the employees within the Metalcentre division of OneSteel. The decision affirmed the validity of the agreement and its terms, providing certainty for both the employer and the employees regarding their respective rights and obligations.

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