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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CaseChat Overview and Summary

OneSteel Recycling Pty Limited applied to the Fair Work Commission for the approval of the Liberty Recycling Dandenong Enterprise Agreement 2018-2021. The application arose from negotiations between OneSteel and the Australian Manufacturing Workers' Union, the representative for the employees. The primary issue was whether the proposed agreement met the requirements of the Fair Work Act 2009 for enterprise agreements.

The court examined whether the agreement provided for fair terms and conditions and ensured procedural fairness during its negotiation. It assessed the agreement's compliance with minimum entitlements, including rates of pay, hours of work, and other conditions. Additionally, the court considered whether the agreement adhered to the criteria for "registered" status, ensuring it was in the best interests of the employees and did not undermine the safety net of the national industrial system.

The Fair Work Commission determined that the proposed agreement was fair and met the legislative requirements. The court found that the agreement provided for minimum entitlements and procedural fairness. It concluded that the agreement did not undermine the safety net of the national industrial system and was in the best interests of the employees. The Commission approved the Liberty Recycling Dandenong Enterprise Agreement 2018-2021, making it a legally binding contract between OneSteel and the union.

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