Onesteel Recycling Pty Limited T/A Infrabuild Recycling

[2024] FWCA 2557

[2024] FWCA 2557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onesteel Recycling Pty Limited T/A Infrabuild Recycling

(AG2024/2282)

INFRABUILD RECYCLING VICTORIA ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 10 JULY 2024

Application for approval of the InfraBuild Recycling Victoria Enterprise Agreement 2024 - 2027.

1. Onesteel Recycling Pty Limited T/A Infrabuild Recycling (the Employer) has made an application for approval of an enterprise agreement known as the InfraBuild Recycling Victoria Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 15 March 2024 and the Agreement was made on 7 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

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

·   Clause 4.5(2): Public holidays

·   Clause 6.1(5): Notice of termination

·   Clause 6.2(2): Termination by the employee

·   Clause 7.3: Redundancy

1. However, noting clause 1.11(2) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 10 July 2024 and, in accordance with s.54, will operate from 17 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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