DECISION

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

OneSteel Wire Pty Ltd T/A OneSteel Wire
(AG2015/3726)

ONESTEEL WIRE GEELONG WIREMILL ENTERPRISE AGREEMENT - 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 JULY 2015

Application for approval of the OneSteel Wire Geelong Wiremill Enterprise Agreement - 2015.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Wire Geelong Wiremill Enterprise Agreement - 2015 (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 OneSteel Wire. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[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. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 July 2015. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by OneSteel Wire Pty Ltd, trading as OneSteel Wire, for the approval of the OneSteel Wire Geelong Wiremill Enterprise Agreement - 2015. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant statutory requirements and conditions. The application was heard by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural requirements for approval, specifically the need for direct representation of employees and proper notification and consultation processes. Additionally, the Commission needed to determine if the agreement provided for appropriate minimum terms, such as those relating to wages, hours of work, and other employment conditions, and whether it was in the best interests of the employees. Furthermore, the Commission had to consider whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off under the agreement than they would be under applicable awards or the general industrial relations system.

The Fair Work Commission assessed the evidence and submissions from both parties, focusing on the procedural fairness of the agreement's negotiation and the substantive terms provided within it. The Commission found that the agreement was properly negotiated and that the employees had been adequately represented and informed. It was determined that the agreement met the statutory requirements and provided for the minimum terms mandated by the Fair Work Act. Moreover, the Commission concluded that the agreement was in the best interests of the employees, as it included provisions that were beneficial to them and met the better off overall test. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the OneSteel Wire Geelong Wiremill Enterprise Agreement - 2015, subject to the terms and conditions set out in the agreement. The approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period, provided it continues to meet the statutory requirements and the best interests of the employees.

OneSteel Wire Pty Ltd T/A OneSteel Wire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established