DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Wire Pty Limited T/A Liberty Steel
(AG2018/7324)

LIBERTY STEEL GEELONG WIRE MILL ENTERPRISE AGREEMENT - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Liberty Steel Geelong Wire Mill Enterprise Agreement - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Steel Geelong Wire Mill Enterprise Agreement - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneSteel Wire Pty Limited T/A Liberty Steel. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 23.2(b) - Parental leave

• Clause 30.7 - Public holidays

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of OneSteel Wire Pty Limited T/A Liberty Steel, the Fair Work Commission was tasked with considering an application for the approval of the Liberty Steel Geelong Wire Mill Enterprise Agreement - 2018. The dispute arose between the employer, OneSteel Wire, and the employees represented by the Australian Manufacturing Workers’ Union. The primary focus of the application was the terms and conditions of employment as outlined in the proposed agreement.

The key legal issues that the Commission had to resolve were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirement for "better off overall" for the employees. The Commission needed to assess whether the proposed terms and conditions were fair and reasonable in all respects, considering the principles of contemporary enterprise bargaining and the broader economic context.

The Commission conducted a detailed analysis of the proposed agreement, taking into account various submissions from both parties. It examined the specific provisions regarding wages, allowances, working hours, and other employment conditions. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment. It found that the proposed conditions were not only compliant with the Fair Work Act but also provided employees with improved outcomes compared to the previous agreement. Consequently, the Commission approved the agreement, recognising it as meeting the "better off overall" test.

The final orders of the Commission included the approval of the Liberty Steel Geelong Wire Mill Enterprise Agreement - 2018, effective from the date of the decision. This outcome ensures that the terms and conditions set forth in the agreement will govern the employment relationship between OneSteel Wire and the employees for the specified period, subject to the provisions of the Fair Work Act.

OneSteel Wire Pty Limited T/A Liberty Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established