DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Wire Pty Ltd T/A Liberty Steel
(AG2018/6832)

LIBERTY STEEL NEWCASTLE WIREMILL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the Liberty Steel Newcastle Wiremill Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Steel Newcastle Wiremill 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 Ltd T/A Liberty Steel. 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] 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. In accordance with s.201(2) I note that the Agreement covers these organisations.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved OneSteel Wire Pty Ltd, trading as Liberty Steel, and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on the proposed 2018 Enterprise Agreement for the Liberty Steel Newcastle Wiremill. The Fair Work Commission (FWC) was tasked with approving the agreement and resolving any objections raised by the parties. The legal issues at hand were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, including whether it complied with the "better off overall test" (BOOT) and if any objections raised by the union were valid.

The FWC examined the proposed agreement to determine if it provided employees with terms and conditions at least as favourable as those under the applicable award, thus satisfying the BOOT. The commission also considered the union's objections, which primarily focused on certain clauses within the agreement. After careful analysis, the FWC concluded that the proposed agreement met the necessary criteria for approval, including satisfying the BOOT, and that the union's objections did not warrant the rejection of the agreement.

The FWC approved the Liberty Steel Newcastle Wiremill Enterprise Agreement 2018, finding it to be fair and reasonable. The commission emphasised that the agreement provided employees with improved terms and conditions compared to the applicable award, thus meeting the BOOT. The FWC also found that the union's objections did not undermine the overall fairness of the agreement. The decision was made in the interest of promoting industrial harmony and ensuring that employees received fair and equitable treatment. The approved agreement would now serve as the basis for the terms and conditions of employment for the employees at the Liberty Steel Newcastle Wiremill.

OneSteel Wire Pty Ltd 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