DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Limited T/A OneSteel Recycling
(AG2014/1562)

ONESTEEL RECYCLING VICTORIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 12 DECEMBER 2014

Application for approval of the OneSteel Recycling Victoria Enterprise Agreement 2014.

[1] An application has been made for the approval of an enterprise agreement known as the OneSteel Recycling Victoria Enterprise Agreement 2014 (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.

[2] The application has been the subject of consideration by another member of the Fair Work Commission 1 and by a Full Bench of the Commission.2 I have taken into account in my consideration of the application for approval, the issues raised in those proceedings and the decision reached by the Full Bench.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] In this regard, I note that undertakings have been provided by OneSteel Recycling Pty Ltd in relation to the clauses in the Agreement relating to consultation, deductions to salary, leave for casual employees and meal allowance. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2014. The nominal expiry date of the Agreement is 31 January 2016.

SENIOR DEPUTY PRESIDENT

1 [2014] FWC 5783.

2 [2014] FWCFB 7560.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, OneSteel Recycling Pty Limited, trading as OneSteel Recycling, sought approval of the OneSteel Recycling Victoria Enterprise Agreement 2014. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for the fair and reasonable determination of employees' terms and conditions of employment.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act. Procedurally, the Commission needed to ascertain whether the agreement had been made in accordance with the requirements of section 172 of the Act, which includes the necessity for genuine bargaining. Substantively, the Commission had to consider whether the agreement contained terms that were fair and reasonable, including provisions on wages, classification, and other employment conditions.

The Commission found that the agreement had been made in accordance with the Act, noting that there had been genuine efforts to bargain by both parties. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific industry context and the need for flexibility in the workforce. The agreement was approved, with the Fair Work Commission emphasising the importance of fair and reasonable outcomes for employees.

The Fair Work Commission approved the OneSteel Recycling Victoria Enterprise Agreement 2014, noting its compliance with the Fair Work Act. This decision provides clarity for employers and employees in the industry regarding the terms of employment and the bargaining process.

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