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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Recycling Pty Limited recently applied to the Fair Work Commission for approval of the Liberty Recycling Victoria Enterprise Agreement 2018-2021. The dispute arose as the applicant sought to implement a new enterprise agreement in relation to its employees who are engaged under the agreement. The applicant sought to ensure that the agreement was fair and reasonable, and complied with the relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for minimum terms and conditions of employment, and whether it contained provisions that were unfair or unreasonable. Additionally, the Commission had to determine if the agreement had been genuinely negotiated and if it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission considered the evidence and submissions presented by the parties and found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission also found that the agreement had been genuinely negotiated and complied with the relevant provisions of the Fair Work Act. As such, the Commission approved the proposed agreement.

In light of the findings, the Fair Work Commission approved the Liberty Recycling Victoria Enterprise Agreement 2018-2021. The agreement is now legally binding on the parties and will govern the employment terms and conditions of the employees covered by the agreement. The approval of the agreement ensures that the employees of OneSteel Recycling Pty Limited have a fair and reasonable set of employment terms and conditions, and provides certainty and stability in the workplace.

OneSteel Recycling Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established