OneSteel Recycling Pty Ltd Summary

[2013] FWCA 6228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Ltd
(AG2013/2266)

ONESTEEL RECYCLING (DANDENONG & COOLAROO) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 28 AUGUST 2013

Application for approval of the OneSteel Recycling (Dandenong & Coolaroo) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Recycling (Dandenong & Coolaroo) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by OneSteel Recycling Pty Ltd. 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] An undertaking has been given in relation to clause 27 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 4 September 2013. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

OneSteel Recycling Pty Ltd, an entity in the steel recycling industry, was involved in an application before the Fair Work Commission for approval of an enterprise agreement titled "OneSteel Recycling (Dandenong & Coolaroo) Enterprise Agreement 2013-2016." This agreement was proposed to govern the terms and conditions of employment for employees at the Dandenong and Coolaroo sites. The application was contested by the Australian Manufacturing Workers Union, which raised concerns about certain provisions within the agreement.

The central legal issues before the court revolved around the fairness and compliance of the proposed agreement with the provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the 'better off overall test' (BOOT), which assesses if employees are better off overall under the new agreement compared to their previous conditions. Additionally, the court needed to ensure that the agreement adhered to all relevant provisions of the Fair Work Act, including those pertaining to employee protections and procedural fairness.

The Fair Work Commission, in its decision, carefully reviewed the provisions of the proposed agreement, particularly focusing on the impact on employees' wages, conditions, and procedural rights. The Commission found that the agreement was fair and met the BOOT, as it provided employees with improved terms and conditions compared to their previous employment arrangements. Furthermore, the Commission concluded that the agreement did not contravene any provisions of the Fair Work Act, thus satisfying all legal requirements for approval.

As a result, the Fair Work Commission approved the OneSteel Recycling (Dandenong & Coolaroo) Enterprise Agreement 2013-2016, confirming its validity and enforceability under the Fair Work Act. This decision allowed the agreement to come into effect, governing the employment conditions for the employees at the specified sites.

OneSteel Recycling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established