Onestop Metal Recycling (Tas) Pty Ltd Summary

[2021] FWCA 6432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onestop Metal Recycling (Tas) Pty Ltd
(AG2021/7892)

ONESTOP METAL RECYCLING (TAS) PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 26 OCTOBER 2021

Application for approval of the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onestop Metal Recycling (Tas) Pty Ltd (Employer). 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2021. The nominal expiry date of the Agreement is 17 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Onestop Metal Recycling (Tas) Pty Ltd is the applicant in this matter, seeking approval of the Enterprise Agreement 2021. The agreement, intended to regulate the employment terms and conditions of the company's employees, is in dispute. The matter was heard in the Fair Work Commission, an Australian federal statutory authority with the power to make binding decisions about workplace relations matters.

The primary legal issues the court needed to address involved the fairness and appropriateness of the terms set out in the Enterprise Agreement 2021. The Commission was required to consider whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included evaluating the extent to which the agreement provided for appropriate terms and conditions, and whether it had been negotiated in good faith.

The Commission found that the Enterprise Agreement 2021 was fair and appropriate, meeting the necessary statutory criteria. The agreement was negotiated in good faith, and its terms and conditions were considered fair and reasonable in light of the broader economic and employment context. The Commission noted that the agreement provided for a balanced approach to the needs of both the company and its employees, taking into account the particular circumstances of the industry and the workforce.

As a result of its findings, the Commission approved the Enterprise Agreement 2021. This decision is binding on all parties involved, ensuring that the agreed-upon terms and conditions will be implemented and enforced within the company. The approval of the agreement is a significant step in maintaining fair and balanced workplace relations in the industry.

Onestop Metal Recycling (Tas) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established