DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Wire Pty Limited T/A Liberty Wire
(AG2019/1309)

LIBERTY STEEL JINDERA WIREMILL ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the Liberty Steel Jindera Wiremill Enterprise Agreement 2018-2021.

[1] Application has been made for approval of a single enterprise agreement known as the Liberty Steel Jindera Wiremill Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by OneSteel Wire Pty Limited T/A Liberty Wire.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of OneSteel Wire Pty Limited, trading as Liberty Wire, an application was made to the Fair Work Commission for approval of the Liberty Steel Jindera Wiremill Enterprise Agreement 2018-2021. The dispute arose between the employer and the union representing the employees, regarding the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith, whether it contained terms that were fair and reasonable, and if it included all mandated minimum terms as stipulated by the Act. Additionally, the Commission considered whether the agreement had been fairly negotiated and whether it provided adequate protections for employees.

The Commission found that the agreement had been made in good faith and was the product of fair and genuine negotiations between the parties. It was noted that the agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the economic context and the specific circumstances of the employees. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Commission's final orders included the approval of the Liberty Steel Jindera Wiremill Enterprise Agreement 2018-2021, which would now serve as the governing document for the terms and conditions of employment for the relevant employees until its expiry or until replaced by a new agreement.

OneSteel Wire Pty Limited T/A Liberty Wire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established