OneSteel Recycling Pty Limited T/A InfraBuild Recycling Summary

[2022] FWCA 3393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OneSteel Recycling Pty Limited T/A InfraBuild Recycling

(AG2022/3884)

InfraBuild Recycling Hexham / Lisarow Enterprise Agreement 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 SEPTEMBER 2022

Application for approval of the InfraBuild Recycling Hexham / Lisarow Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement to be known as the InfraBuild Recycling Hexham / Lisarow Enterprise Agreement 2022 - 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Onesteel Recycling Pty Limited (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer as to an apparent typographical error at clause 1.4(2) of the Agreement (as to the correct expiry date of the Agreement). The Employer thereafter filed a corrected clause 1.4(2) of the Agreement. I am satisfied that this correction should be made (changing the expiry date from 31 August 2022 to 31 August 2026), and that it is appropriate to do so. Pursuant to s.586 of the Act, I make this correction and publish the Agreement in its corrected form.

Undertakings

The Employer has provided written undertakings dated 29 September 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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 7 October 2022. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of OneSteel Recycling Pty Limited T/A InfraBuild Recycling, the Fair Work Commission (FWC) considered an application for the approval of the InfraBuild Recycling Hexham / Lisarow Enterprise Agreement 2022 - 2026. This matter arose from negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), regarding the terms and conditions of employment for the employees working at the Hexham and Lisarow sites. The application for approval was submitted in light of the parties’ inability to reach a consensus on the proposed agreement.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for terms and conditions of paramount importance, did not pre-empt industrial action, and did not undermine the operation of the Act. The Commission also needed to determine if the agreement had been fairly negotiated, taking into account any relevant public interest considerations.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. The terms and conditions of the agreement were considered to be of paramount importance, addressing critical aspects of employment such as wages, working hours, and dispute resolution mechanisms. The Commission noted that the agreement did not pre-empt industrial action and did not undermine the operation of the Act. Furthermore, the Commission was satisfied that the agreement had been fairly negotiated, as evidenced by the submissions and the context of the negotiations. The Commission also considered the public interest factors, concluding that the agreement would not have an adverse effect on the broader community or economy.

The Fair Work Commission approved the InfraBuild Recycling Hexham / Lisarow Enterprise Agreement 2022 - 2026, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees at the Hexham and Lisarow sites are legally binding and enforceable, providing stability and clarity for both the employer and employees.

OneSteel Recycling Pty Limited T/A InfraBuild Recycling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established