OneSteel Recycling Pty Limited

[2019] FWCA 5365

[2019] FWCA 5365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

OneSteel Recycling Pty Limited
(AG2019/2339)

LIBERTY RECYCLING DANDENONG ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 1 AUGUST 2019

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

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

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Onesteel, and as a result, Onesteel provided to my chambers its views that the Agreement complied with the Act and employees under the Agreement would be better off overall than under the Manufacturing and Associated Industries and Occupations Award 2010. I sought the views of the Australian Workers’ Union (AWU) regarding Onesteel’s submissions. The AWU did not provide any views on the concerns raised by the Commission or in response to Onesteel’s views.

[3] Having reflected on the submission of Onesteel, I am satisfied that an undertaking is not required.

[4] The 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the AWU.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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