Onesteel Recycling Pty Limited T/A Infrabuild Recycling

[2021] FWCA 6354

[2021] FWCA 6354

The attached document wholly replaces the document previously issued with the code [2021] FWC 6158 on 19 October 2021 to correct document referencing.

Associate to Commissioner Yilmaz

Dated 20 October 2021

[2021] FWCA 6354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onesteel Recycling Pty Limited T/A Infrabuild Recycling
(AG2021/7692)

INFRABUILD RECYCLING DANDENONG ENTERPRISE
AGREEMENT 2021-2025

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 OCTOBER 2021

Application for approval of the InfraBuild Recycling Dandenong Enterprise Agreement 2021-2025

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Recycling Dandenong Enterprise Agreement 2021-2025 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). Clause 26(b)(i) of the Agreement defines a child as under the age of five years for the purposes of adoption. This appears to be inconsistent with s.68 which provides that a child is or will be under 16 years old for the purposes of adoption-related leave.

[4] Additionally, the Agreement’s redundancy term is likely to be inconsistent with the NES. Clause 19(d)(ii) of the Agreement provides for 3 weeks redundancy payment for each completed year of service or part thereof. For employees who have completed at least 1 year but less than 2 years of service, this entitlement appears to be less than the NES, which provides for 4 weeks redundancy payment under s.119.

[5] However, noting clause 25 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.

[6] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and in accordance with s.54, will operate from 26 October 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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