OneSteel Recycling Pty Limited

[2025] FWCA 3113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

OneSteel Recycling Pty Limited

(AG2025/2926)

INFRABUILD RECYCLING NEW SOUTH WALES ENTERPRISE AGREEMENT 2025 - 2029

Manufacturing and associated industries
COMMISSIONER WALKADEN	SYDNEY, 16 SEPTEMBER 2025

Application for approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2025 - 2029

This decision concerns an application for approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2025 – 2029 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by One Steel Recycling Pty Limited (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant and The Australian Workers’ Union (AWU), which was the only other bargaining representative, about the shift work definitions in the Agreement. The span of hours of an afternoon shift and night shift under the Agreement is different to the span of hours under the relevant modern award. I raised a concern that this appeared to be a less beneficial term and invited submissions and / or undertakings as the BOOT. The Applicant provided submissions, which included a comparison between the wages received by an employee that is paid in accordance with the relevant modern award and works afternoon shift or night shift as defined by the relevant modern award, and an employee that is paid in accordance with the Agreement and works afternoon shift or night shift as defined by the Agreement. The Applicant submitted that those submissions and calculations demonstrate that the BOOT is satisfied. I sought the views of the AWU as to those submissions and the BOOT more broadly. The AWU did not express any concerns. I am satisfied based on the submissions and calculations provided by the Applicant, which were unchallenged by the AWU, that the Agreement passes the BOOT.

Based on the material provided by the Applicant and the AWU, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is section 201(2) of the FW Act. The Australian Workers’ Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers The Australian Workers’ Union.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 23 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

OneSteel Recycling Pty Limited sought approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2025 - 2029 from the Fair Work Commission. The applicant, a subsidiary of OneSteel Limited, is a recycler of ferrous and non-ferrous metals. The respondent, InfraBuild NSW, represents the employees. The primary dispute was whether the agreement, which included various terms regarding wages, conditions, and dispute resolution, met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was in accordance with the Fair Work Act, particularly whether it complied with the procedural and substantive requirements for an enterprise agreement. The Commission examined whether the agreement was made in good faith, whether it was fairly negotiated, and whether it met the minimum standards set by the Act. Additionally, the Commission needed to assess whether the agreement contained all necessary provisions and was not discriminatory.

The Fair Work Commission found that the agreement was made in good faith and was fairly negotiated. The agreement met the procedural requirements for approval, including the necessary consultation processes. The Commission also determined that the agreement complied with the substantive requirements, including the provision of minimum pay rates and conditions. The agreement contained all necessary provisions and did not include any discriminatory terms. Therefore, the Commission approved the InfraBuild Recycling New South Wales Enterprise Agreement 2025 - 2029.

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