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

CaseChat Overview and Summary

In the Fair Work Commission, Onesteel Recycling Pty Limited, trading as InfraBuild Recycling, applied for approval of the InfraBuild Recycling Queensland Enterprise Agreement 2021-2025. The application was made under the Fair Work Act 2009, with the Australian Council of Trade Unions (ACTU) opposing the approval of the agreement on behalf of certain employees. The primary dispute centred on whether the agreement met the requirements for approval, particularly regarding the provisions for minimum rates of pay and the proper bargaining process.

The legal issues before the commission included whether the agreement had been made in good faith and whether it contained the minimum terms and conditions as stipulated by the Fair Work Act. The commission also had to consider if the agreement was made by an appropriately authorised bargaining representative and if the bargaining process was conducted fairly. The ACTU argued that the agreement did not adequately address the minimum rates of pay and that the bargaining process was flawed.

The commission examined the evidence provided by both parties and reviewed the provisions of the agreement. It found that the agreement contained the necessary minimum terms and conditions and was made in good faith. The commission also determined that the bargaining process was conducted fairly, despite some procedural issues, and that the agreement was appropriately authorised. Consequently, the commission approved the InfraBuild Recycling Queensland Enterprise Agreement 2021-2025. The approval was subject to certain conditions, including the enforcement of the minimum rates of pay as specified in the agreement.

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