OneSteel Recycling Pty Limited

[2019] FWCA 6342

[2019] FWCA 6342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Limited
(AG2019/2920)

LIBERTY RECYCLING VICTORIA ENTERPRISE AGREEMENT 2018-2021

Waste management industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the Liberty Recycling Victoria Enterprise Agreement 2018-2021.

[1] OneSteel Recycling Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Liberty Recycling Victoria Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] I observe that clauses 4.5, 6.1(5), 6.4 and 7.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.11 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 11 September 2019 and, in accordance with s 54, will operate from 18 September 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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