OneSteel Recycling Pty Limited trading as InfraBuild Recycling

[2025] FWCA 2944

[2025] FWCA 2944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

OneSteel Recycling Pty Limited trading as InfraBuild Recycling

(AG2025/2073)

INFRABUILD RECYCLING QUEENSLAND ENTERPRISE AGREEMENT 2025–2028

Manufacturing and associated industries
DEPUTY PRESIDENT BUTLER	BRISBANE, 3 SEPTEMBER 2025

Application for approval of the InfraBuild Recycling Queensland Enterprise Agreement 2025–2028

1. OneSteel Recycling Pty Limited trading as InfraBuild Recycling (“the Employer”) has applied for approval of an enterprise agreement known as InfraBuild Recycling Queensland Enterprise Agreement 2025–2028 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

This Application

1. It is arguable that the Agreement has not been signed as required under subsection 185(2)(a) of the Fair Work Act when read with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (“the Regulations”), because the employee representative’s address is incomplete, in that it does not include a state, or, alternatively, a postcode. I accept that the relevant state is Queensland and the relevant postcode is 4174. In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatory’s failure to provide their state or their postcode.

Pre-approval requirements

1. There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement’s title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

Terms of the Agreement

1. Notwithstanding clause 1.9 of the Agreement, the Agreement does not contain a flexibility term as required by section 202 of the Fair Work Act. Pursuant to s.202(4) and item 107 of Schedule 1 of the Fair Work Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The National Employment Standards

1. Noting clause 1.3(2) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

1. The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

1. With the undertaking now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

1. Each of the following organisations, being a bargaining representative for the agreement, has given notice under section 183 of the Fair Work Act that it wants to be covered by the Agreement:

   ·  "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU);

   ·  The Australian Workers' Union (AWU).

1. In accordance with subsection 201(2) of the Fair Work Act, and relying on the organisations’ declarations, I note that the Agreement covers each of those organisations.

1. The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Annexure A

[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.)[2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd[2019] FWCFB 1717, [40]-[46].

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