DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Reinforcing Pty Limited T/A Liberty Reinforcing
(AG2019/931)

LIBERTY REINFORCING NATIONAL ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Liberty Reinforcing National Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Reinforcing National 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 Reinforcing Pty Limited T/A Liberty Reinforcing. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 13.3, 18.1, 18.3 and 18.9 are inconsistent with the National Employment Standards as they provide restrictions and additional content not otherwise provided in the NES. Given the National Employment Standards precedence clause at clause 3.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Australian Workers’ Union (AWU) 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, OneSteel Reinforcing Pty Limited trading as Liberty Reinforcing, sought the Fair Work Commission's approval of the Liberty Reinforcing National Enterprise Agreement 2018-2021. The respondents included various unions and employee representatives who had concerns regarding the proposed agreement. The primary dispute centred around the terms and conditions of employment as outlined in the agreement, including wages, working hours, and other workplace rights.

The central legal issues before the court were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically sections concerning the process for the approval of enterprise agreements. Key concerns included whether the agreement was fairly negotiated and whether it provided for the proper treatment of employees, including minimum wage rates and conditions. Additionally, the court had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must have a majority of the bargaining unit members as members.

In its decision, the Fair Work Commission examined the process through which the agreement was negotiated and determined that it was conducted in good faith and was not materially affected by any form of coercion or undue influence. The Commission found that the agreement was fair and reasonable, considering the economic context and the interests of both employers and employees. The court also noted that the agreement provided for fair remuneration and working conditions, meeting the statutory requirements for approval. As a result, the Commission approved the proposed agreement, finding it to be in the best interests of the employees and compliant with the relevant legislation.

Consequently, the Fair Work Commission approved the Liberty Reinforcing National Enterprise Agreement 2018-2021, effective from 1 April 2018. This decision marked the formal acceptance of the agreement, allowing it to be implemented across the specified bargaining unit.

OneSteel Reinforcing Pty Limited T/A Liberty Reinforcing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established