DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneSteel Wire Pty Ltd
(AG2015/5070)

ONESTEEL JINDERA WIREMILL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 OCTOBER 2015

Application for approval of the OneSteel Jindera Wiremill Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Jindera 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. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved OneSteel Wire Pty Ltd, which sought approval for the OneSteel Jindera Wiremill Enterprise Agreement 2015. The agreement was intended to replace an existing agreement and govern the terms and conditions of employment for certain employees at the Jindera wiremill. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the meeting of the genuine agreement criteria. This included assessing whether the agreement had been properly negotiated, whether the consultation process was adequate, and whether the agreement contained all the mandatory terms required by the Act.

The Commission found that the agreement did not meet the necessary criteria for approval. The procedural fairness was lacking, as the employer had not adequately consulted with the employees' representatives. Furthermore, the Commission determined that the agreement did not contain all the mandatory terms required by the Act, and the process for negotiation and consultation was insufficient. Consequently, the Commission did not grant approval for the agreement.

The Commission ordered that the application for approval of the OneSteel Jindera Wiremill Enterprise Agreement 2015 be dismissed. The existing enterprise agreement remained in effect until a new agreement that complied with the Fair Work Act was properly negotiated and approved. This decision underscored the importance of ensuring procedural fairness and meeting the statutory requirements when seeking to implement new enterprise agreements.

OneSteel Wire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established