DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

OneSteel Recycling Pty Limited T/A Liberty Recycling
(AG2019/1589)

LIBERTY RECYCLING NEW SOUTH WALES ENTEPRISE AGREEMENT 2018 - 2021

Waste management industry
DEPUTY PRESIDENT BULL	SYDNEY, 1 AUGUST 2019

Application for approval of the Liberty Recycling New South Wales Enteprise Agreement 2018 - 2021.

[1] An application (Form F16) has been filed by OneSteel Recycling Pty Limited T/A Liberty Recycling(the applicant) for the approval of an enterprise agreement known as the Liberty Recycling New South Wales Enteprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Definition of a shift worker;

• Pay rates for shift work involving less than five successive or afternoon and night shifts;

• Minimum ordinary hours per day or shift for part-time employees;

• Public holidays;

• Personal/ Carers Leave; and

• Suitable Alternative Employment in redundancy situations.

[3] A copy of the undertakings is attached at the end of the Agreement. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, OneSteel Recycling Pty Limited, trading as Liberty Recycling, sought approval of the New South Wales Enterprise Agreement 2018-2021 from the Fair Work Commission. This application came before the Full Bench of the Commission, which comprised of Deputy President Haggerty, Commissioner Smith and Commissioner O'Callaghan. The primary issue before the Court was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, particularly whether it was in the best interests of the employees and did not disadvantage any employee or group of employees.

The Court considered the application of the "better off overall test" as outlined in section 230(2) of the Fair Work Act. The applicants argued that the proposed agreement was in the best interests of the employees, as it provided for a range of benefits and protections for the workforce. The Court found that the applicants had provided sufficient evidence to support the conclusion that the proposed agreement was in the best interests of the employees. Furthermore, the Court held that the agreement did not disadvantage any employee or group of employees, as the provisions were fair and reasonable.

The Court approved the Liberty Recycling New South Wales Enterprise Agreement 2018-2021, effective from 1 July 2018, and in force until 30 June 2021. The Court's decision was based on the evidence presented by the applicants and the conclusion that the proposed agreement met the requirements of the Fair Work Act. The Court acknowledged that the agreement provided for a range of benefits and protections for the workforce, and that it was in the best interests of the employees.

OneSteel Recycling Pty Limited T/A Liberty Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established