Onesteel Recycling Pty Limited T/A InfraBuild Recycling

[2021] FWCA 3987

[2021] FWCA 3987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onesteel Recycling Pty Limited T/A InfraBuild Recycling
(AG2021/5613)

INFRABUILD RECYCLING QUEENSLAND ENTERPRISE AGREEMENT 2021-2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 JULY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Recycling Queensland 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 Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to ss. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Noting clause 1.3(2) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Workers’ Union (AWU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) each lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[8] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and the AMWU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE512149  PR731484>