OneSteel Recycling Pty Limited T/A OneSteel Recycling Summary

[2014] FWCA 3431

The attached document replaces the document previously issued with the above code on 23 May 2014.

Incorrect union named in [3]

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated 23 May 2014

[2014] FWCA 3431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Limited T/A OneSteel Recycling
(AG2014/991)

ONESTEEL RECYCLING NEW SOUTH WALES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 MAY 2014

Application for approval of the OneSteel Recycling New South Wales Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Recycling New South Wales Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers Union Greater New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 May 2014. The nominal expiry date of the Agreement is15 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Recycling Pty Limited, trading as OneSteel Recycling, applied for approval of the OneSteel Recycling New South Wales Enterprise Agreement 2013. The application was made in the Fair Work Commission, which was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute centred on the validity and fairness of the proposed agreement, with particular attention to its compliance with the procedural and substantive requirements of the legislation.

The court was required to decide whether the agreement had been made in accordance with the mandatory bargaining provisions of the Act and whether it contained terms that were procedurally and substantively fair. Key issues included the adequacy of the bargaining process, the fairness of the terms in relation to the enterprise's employees, and whether the agreement satisfied the statutory criteria for approval. The court also had to consider whether there were any defects in the process that might render the agreement invalid.

The Fair Work Commission found that the bargaining process had been conducted in good faith and that the agreement contained terms that were both procedurally and substantively fair. The Commission noted that the parties had engaged in a genuine attempt to reach an agreement, and the terms of the agreement reflected a balance of interests between the employer and the employees. The Commission concluded that the agreement met all the statutory requirements for approval and was thus valid. The Commission approved the OneSteel Recycling New South Wales Enterprise Agreement 2013.

No further orders were made beyond the approval of the agreement.

OneSteel Recycling Pty Limited T/A OneSteel Recycling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established