DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onestop Metal Recycling (Tas) Pty Ltd
(AG2018/4813)

ONESTOP METAL RECYCLING (TAS) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 APRIL 2019

Application for approval of the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the OneStop Metal Recycling (Tas) Pty Ltd 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 Onestop Metal Recycling (Tas) Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 17 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Onestop Metal Recycling (Tas) Pty Ltd was involved in an application for the approval of its Enterprise Agreement 2018. The applicant sought the court's endorsement of the agreement, which was entered into between the company and its employees. The Fair Work Commission was the court that heard the case. The employees, represented by a union, and the company had negotiated the terms of the agreement, which aimed to establish the conditions of employment for the workers.

The primary legal issue before the court was whether the agreement complied with the Fair Work Act 2009, particularly concerning the minimum entitlements and protections for employees. The court needed to ensure that the agreement did not disadvantage employees and that it was made in good faith. Additionally, the court examined whether the agreement met the procedural requirements set forth in the Act.

In its decision, the court analysed the provisions of the Enterprise Agreement 2018 and found that it was generally in line with the provisions of the Fair Work Act 2009. The court determined that the agreement did not unjustifiably disadvantage the employees and was made in good faith. The court also found that the agreement met the necessary procedural requirements. Consequently, the court approved the Enterprise Agreement 2018.

The court's final order was the approval of the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2018, subject to the conditions set out in the decision. This approval means that the agreement can now be implemented between the company and its employees. The decision also highlighted the importance of ensuring that enterprise agreements comply with the Fair Work Act 2009 and protect the rights and interests of employees.

Onestop Metal Recycling (Tas) 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