Onesteel Wire Pty Ltd

[2014] FWCA 430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Onesteel Wire Pty Ltd
(AG2013/12100)

ONESTEEL WIRE PTY LTD NEWCASTLE WIREMILL AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 JANUARY 2014

Application for approval of the OneSteel Wire Pty Ltd Newcastle Wiremill Agreement 2013.

[1] The decision issued by the Fair Work Commission on 16 January 2014 [[2014] FWCA 430], is corrected as follows:

1. By deleting paragraph [3] and inserting the following:

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Onesteel Wire Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the approval of the OneSteel Wire Pty Ltd Newcastle Wiremill Agreement 2013. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues at hand included whether the agreement provided for fair and reasonable terms, the extent to which it complied with the principles of enterprise flexibility, and whether it adequately protected the rights of employees.

The Fair Work Commission examined the provisions of the agreement, considering the balance of rights and obligations between the employer and employees. The Commission assessed whether the agreement facilitated flexibility in enterprise operations while ensuring fair treatment of employees. It also evaluated whether the agreement addressed key issues such as wages, working conditions, and dispute resolution mechanisms in a manner consistent with the legislative objectives. In its reasoning, the Commission noted that the agreement demonstrated a commitment to fair terms and conditions, with provisions that aligned with the principles of good faith bargaining and enterprise flexibility. The Commission found that the agreement effectively balanced the needs of the employer with the rights of the employees.

Having considered the arguments and evidence presented, the Fair Work Commission approved the OneSteel Wire Pty Ltd Newcastle Wiremill Agreement 2013. The decision was based on the conclusion that the agreement met the statutory requirements and provided for fair and reasonable terms of employment. The Commission's approval was grounded in the belief that the agreement would promote a cooperative and productive working environment while safeguarding the interests of both the employer and employees. The final orders confirmed the approval of the agreement, which would now serve as a binding framework for the employment relationship between Onesteel Wire Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established