DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Trading Pty Ltd T/A Liberty Steel Metalcentre
(AG2018/4972)

LIBERTY STEEL METALCENTRE NATIONAL ENTERPRISE AGREEMENT 2018-2021

Storage services
COMMISSIONER CRIBB	MELBOURNE, 3 OCTOBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Liberty Steel Metalcentre 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 Trading Pty Ltd T/A Liberty Steel Metalcentre. 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.

[3] The National Union of Workers (NUW) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 31 August 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, OneSteel Trading Pty Ltd, trading as Liberty Steel Metalcentre, sought approval of the Liberty Steel Metalcentre National Enterprise Agreement 2018-2021. The applicant is a company involved in the sale of steel products and related services. The dispute centred on the terms of the proposed agreement, which aimed to regulate the employment conditions of the company's employees. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "better off overall test" (BOOT) compliant, and whether it complied with the good faith bargaining provisions under the Fair Work Act. The BOOT requirement mandates that employees under an enterprise agreement must be no worse off financially than if they were under the applicable award or agreement. Additionally, the Commission needed to assess whether the bargaining process adhered to good faith principles, ensuring that both parties negotiated in a manner that was fair and in good faith.

The Commission found that the agreement did meet the BOOT requirement, as it provided employees with improved conditions and benefits that outweighed any financial disadvantages. Furthermore, the Commission determined that the bargaining process complied with good faith provisions, noting the extensive negotiations and the efforts made by both parties to reach a consensus. As a result, the Commission approved the Liberty Steel Metalcentre National Enterprise Agreement 2018-2021.

The final orders included the approval of the agreement, which would now serve as the basis for employment conditions between OneSteel Trading Pty Ltd and its employees, effective from the specified period. The agreement was to be registered with the Fair Work Commission, ensuring its enforceability and recognition under the Fair Work Act.

OneSteel Trading Pty Ltd T/A Liberty Steel Metalcentre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established