DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Recycling Pty Ltd T/A Liberty Recycling
(AG2018/5965)

LIBERTY RECYCLING SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Liberty Recycling South Australia 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 Ltd T/A Liberty Recycling. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Recycling Pty Ltd, trading as Liberty Recycling, sought approval for the Liberty Recycling South Australia Enterprise Agreement 2018-2021 from the Fair Work Commission. The agreement was proposed to regulate the terms and conditions of employment for employees in South Australia and was the result of negotiations between the employer and various unions representing the employees.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, including whether it was made in good faith, free from coercion or undue influence, and provided for minimum entitlements. The unions argued that the agreement failed to meet these criteria and did not adequately protect employee rights.

The Fair Work Commission found that the agreement was made in good faith and was free from coercion or undue influence. However, the Commission identified issues with certain provisions, such as those relating to overtime and shift penalties, which it found to be unfair. The Commission also found that the agreement did not adequately protect employee rights in relation to redundancy and termination. The Commission ordered amendments to the agreement to address these issues and approved the agreement subject to those amendments.

The final orders of the Commission included approval of the agreement with modifications to specific provisions to address the identified issues, and directions for the parties to implement the amended agreement. The unions were also granted leave to appeal the decision to the Federal Court.

OneSteel Recycling Pty Ltd T/A Liberty Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established