DECISION

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

OneSteel Recycling Pty Limited
(AG2019/1940)

LIBERTY RECYCLING HEXHAM / LISAROW ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 25 JULY 2019

Application for approval of the Liberty Recycling Hexham / Lisarow Enterprise Agreement 2018 - 2022.

[1] An application (Form F16) has been filed by OneSteel Recycling Pty Limited(the applicant) for the approval of an enterprise agreement known as the Liberty Recycling Hexham / Lisarow Enterprise Agreement 2018 - 2022 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Overtime rates and minimum engagement for part-time employees;

• Application of the 38 hour week; and

• Accrual and payment of Personal/ Carers leave.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, 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.

[5] The Australian Workers’ Union (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 and has approved the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of OneSteel Recycling Pty Limited, the Fair Work Commission was called upon to consider an application for the approval of the Liberty Recycling Hexham / Lisarow Enterprise Agreement 2018 - 2022. The application was brought by OneSteel Recycling, the employer, who sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The dispute involved employees of OneSteel Recycling, represented by the Australian Manufacturing Workers' Union, who were seeking to have the terms and conditions of their employment formalised through the proposed agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act, and whether the process by which it was negotiated and finalised was procedurally fair. Specifically, the Commission needed to determine if the agreement was genuinely bargained between the employer and the union, and if it was in the best interests of the employees. The Commission also had to consider the implications of any procedural flaws on the validity of the agreement.

The Commission found that the agreement was procedurally sound and genuinely negotiated between the parties. It held that the employer had provided adequate information to the union and that the union had, in turn, provided feedback and made proposals. The Commission was satisfied that the union had adequately represented its members throughout the negotiations. Furthermore, the Commission concluded that the terms of the agreement were in the best interests of the employees, as they provided for fair and reasonable working conditions and protections. Therefore, the Commission approved the agreement, finding it to be a valid and binding enterprise agreement.

Consequently, the Fair Work Commission granted the application for the approval of the Liberty Recycling Hexham / Lisarow Enterprise Agreement 2018 - 2022. The agreement was registered and would govern the terms and conditions of employment for the employees covered by the agreement for the period specified.

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