DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Limited T/A OneSteel Recycling
(AG2018/6132)

LIBERTY RECYCLING QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 MAY 2019

Application for approval of the Liberty Recycling Queensland Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Recycling Queensland Enterprise Agreement 2018-2021 (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 OneSteel Recycling. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.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.

[5] The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of OneSteel Recycling Pty Limited, trading as OneSteel Recycling, the Fair Work Commission was presented with an application for the approval of the Liberty Recycling Queensland Enterprise Agreement 2018-2021. The application was brought under the Fair Work Act 2009, with the primary contention being whether the proposed agreement met the requirements for registration, including the procedural fairness and meeting the "better off overall test" for the employees involved.

The central legal issues before the Commission involved verifying the accuracy of the majority of employees' approval of the agreement and ensuring that the agreement complied with all relevant statutory provisions. The Commission had to consider if the process by which the employees voted was fair and if the terms of the agreement provided adequate protections and benefits that would make the employees better off overall.

The Commission carefully reviewed the evidence presented, including the voting records and testimonies from both the applicant and the objecting parties. The Commission concluded that the majority of employees had indeed approved the agreement in a manner that was fair and transparent. Additionally, the terms of the agreement were found to meet the statutory requirement of being "better off overall," taking into account factors such as wages, conditions, and overall employee welfare. Based on these findings, the Commission approved the agreement, finding it met all legal requirements for registration.

Consequently, the Fair Work Commission approved the Liberty Recycling Queensland Enterprise Agreement 2018-2021, effective from the date of the decision. The approval was based on the evidence of procedural fairness in the approval process and the agreement's compliance with the "better off overall test." The decision provided clarity for the parties involved and established the terms and conditions of employment for the period specified in the agreement.

OneSteel Recycling Pty Limited T/A OneSteel Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established