DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onesteel Recycling Pty Limited T/A InfraBuild Recycling
(AG2021/5832)

INFRABUILD RECYCLING NEW SOUTH WALES ENTERPRISE AGREEMENT 2021 – 2025

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 JULY 2021

Application for approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2021 - 2025.

[1] Onesteel Recycling Pty Limited T/A InfraBuild Recycling (the Employer) has made an application for the approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2021 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

● Clause 2.2(3) – Probationary Period

● Clause 6.2(2) – Termination by Employee

● Clause 7.3 – Suitable Alternative Employment

[5] Noting the undertaking provided by the Employer, I am satisfied that 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 (AWU) was a bargaining representative for the Agreement and 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 AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2021 - 2025 was brought before the Fair Work Commission. The parties involved were Onesteel Recycling Pty Limited, trading as InfraBuild Recycling, and the union representing the employees. The union contested the application on the grounds that the proposed agreement did not adequately provide for the employees' terms and conditions of employment. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Procedurally, the Commission needed to ensure that the agreement was genuinely negotiated between the employer and the union and that the union had provided a certificate of genuineness. Substantively, the Commission had to consider whether the agreement provided for appropriate terms and conditions, including pay rates, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated and that the union had provided the requisite certificate. It also found that the proposed agreement provided for appropriate terms and conditions of employment, including pay rates and working conditions. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees and that it complied with the requirements of the Fair Work Act 2009. Consequently, the Commission approved the InfraBuild Recycling New South Wales Enterprise Agreement 2021 - 2025.

The Fair Work Commission approved the InfraBuild Recycling New South Wales Enterprise Agreement 2021 - 2025, finding that it complied with the procedural and substantive requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence provided by the parties and its assessment of the agreement's terms and conditions. This decision is final and binding on the parties involved.

Onesteel Recycling Pty Limited T/A InfraBuild Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established