OneSteel Recycling Pty Limited T/A InfraBuild Recycling

[2024] FWCA 4017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OneSteel Recycling Pty Limited T/A InfraBuild Recycling

(AG2024/4031)

INFRABUILD RECYCLING SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 18 NOVEMBER 2024

Application for approval of the InfraBuild Recycling South Australia Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the InfraBuild Recycling South Australia Enterprise Agreement 2024 – 2027. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Recycling Pty Limited T/A InfraBuild Recycling. The Agreement is a single enterprise agreement.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 6.4; and
· Clause 7.3.

However, noting clause 1.3(5) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2024. The nominal expiry date of the Agreement is 30 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Recycling Pty Limited, trading as InfraBuild Recycling, applied to the Fair Work Commission for approval of the InfraBuild Recycling South Australia Enterprise Agreement 2024 – 2027. The application involved the agreement between the employer and the employees, including those who are members of the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute pertained to the terms and conditions of employment, including wages, allowances, and other benefits, as outlined in the proposed agreement.

The legal issues the court needed to address were whether the agreement complied with the Fair Work Act 2009, particularly concerning the provisions for minimum rates of pay, penalty rates, and other employment conditions. The court also had to determine whether the agreement met the criteria for being a "single interest" enterprise agreement and if it provided for the proper protection of employees' interests. The court was required to assess if the agreement was fair and reasonable, taking into account the principles of the Act and relevant precedents.

In its decision, the Fair Work Commission found that the InfraBuild Recycling South Australia Enterprise Agreement 2024 – 2027 met the necessary legal standards. The agreement was deemed to be a "single interest" enterprise agreement as it covered all employees in the specified enterprise. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and penalty rates. The Commission also noted that the agreement appropriately balanced the interests of both the employer and the employees. Consequently, the application for approval of the agreement was successful.

The final orders included the approval of the InfraBuild Recycling South Australia Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms and conditions. The decision ensured that the employees would benefit from the agreed-upon terms, and the employer could operate under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established