OneSteel Wire Rope Pty Ltd

[2014] FWCA 586

FAIR WORK COMMISSION

DECISION

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

OneSteel Wire Rope Pty Ltd
(AG2013/12104)

MOLY-COP ROPES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 23 JANUARY 2014

Application for approval of the Moly-Cop Ropes Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Moly-Cop Ropes Enterprise Agreement 2013 (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 Rope Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU); 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 (CEPU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OneSteel Wire Rope Pty Ltd sought approval for the Moly-Cop Ropes Enterprise Agreement 2013 from the Fair Work Commission. The application centred on the need to streamline operations and address certain employment conditions within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided fair and reasonable terms for employees and whether it was consistent with the broader objectives of the Fair Work Act, including promoting high levels of employment and participation. Additionally, the Commission had to consider if the agreement adequately protected the interests of employees, particularly those who might be disadvantaged by the proposed changes.

The Fair Work Commission found that the agreement met the requirements for approval. It concluded that the proposed changes would facilitate more efficient business operations without unduly disadvantaging employees. The Commission determined that the agreement provided fair and reasonable terms, taking into account the need for flexibility and the interests of both the employer and employees. Furthermore, the Commission was satisfied that the agreement aligned with the broader objectives of the Fair Work Act, ensuring that it promoted good industrial relations practices.

The Fair Work Commission approved the Moly-Cop Ropes Enterprise Agreement 2013, allowing OneSteel Wire Rope Pty Ltd to implement the agreed-upon terms and conditions. The decision provided clarity for both the company and its employees, ensuring that the agreement was fair and in line with legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established