DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel NSW Pty Ltd T/A Liberty Steel Sydney Steel Mill
(AG2019/1282)

LIBERTY STEEL SYDNEY STEEL MILL ENTERPRISE AGREEMENT 2018-2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Liberty Steel Sydney Steel Mill Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Steel Sydney Steel Mill Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel NSW Pty Ltd T/A Liberty Steel Sydney Steel Mill. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were OneSteel NSW Pty Ltd, trading as Liberty Steel Sydney Steel Mill, and various unions representing employees of the company. The dispute arose from an application for the approval of the Liberty Steel Sydney Steel Mill Enterprise Agreement 2018-2022. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues the court had to address were whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009 and whether it had been negotiated in good faith as required by section 228 of the same Act. The court also had to determine if the agreement was in compliance with the Fair Work (Registered Organisations) Act 2009 and if it covered the necessary minimum terms and conditions as stipulated by the Fair Work Act.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid and had been negotiated in good faith. The agreement was found to be compliant with the relevant legislation and covered the minimum terms and conditions required. Consequently, the court approved the Liberty Steel Sydney Steel Mill Enterprise Agreement 2018-2022. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions for the employees represented by the unions, while also considering the needs of the employer.

OneSteel NSW Pty Ltd T/A Liberty Steel Sydney Steel Mill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established