OneSteel NSW Pty Limited Summary

[2014] FWCA 1725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel NSW Pty Limited
(AG2014/314)

ONESTEEL SYDNEY STEEL MILL ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 13 MARCH 2014

Application for approval of the OneSteel Sydney Steel Mill Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Sydney Steel Mill Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel NSW Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of OneSteel NSW Pty Limited, the Fair Work Commission was tasked with determining the approval of the OneSteel Sydney Steel Mill Enterprise Agreement 2013-2016. The agreement in question was submitted for consideration by the employer, OneSteel NSW Pty Limited, and the union, the Australian Manufacturing Workers' Union (AMWU). The union argued that the agreement met the requirements of the Fair Work Act 2009, while the employer contended that the agreement did not meet the "better off overall test" (BOOT) required for approval. The central issue before the Commission was whether the proposed agreement provided employees with a fair and adequate level of protection and benefits, and if it met the criteria for approval under the Fair Work Act.

The Fair Work Commission examined the proposed agreement's provisions and assessed whether they provided a fair and equitable outcome for employees, taking into account the economic and social context of the industry. The Commission considered the changes proposed in the agreement, the parties' submissions, and the evidence provided during the hearing. The Commission determined that the proposed agreement met the requirements of the Fair Work Act, including the BOOT, as it provided employees with a reasonable level of protection and benefits. The Commission found that the proposed agreement was fair and reasonable and approved the OneSteel Sydney Steel Mill Enterprise Agreement 2013-2016.

The Fair Work Commission's decision was based on the evidence presented and the parties' submissions. The Commission found that the proposed agreement provided employees with a fair and adequate level of protection and benefits and met the requirements of the Fair Work Act, including the BOOT. The Commission also noted that the agreement provided for a reasonable level of flexibility for the employer to manage its business. The approval of the agreement was seen as a positive outcome for both parties, providing a stable and predictable industrial relations environment for the duration of the agreement. The Fair Work Commission's decision was a significant step forward in the industrial relations landscape of the steel industry in Australia.

OneSteel NSW Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established