Onestop Metal Recycling (Tas) Pty Ltd Summary

[2024] FWCA 2983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Onestop Metal Recycling (Tas) Pty Ltd

(AG2024/2645)

ONESTOP METAL RECYCLING (TAS) PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 13 AUGUST 2024

Application for approval of the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the OneStop Metal Recycling (Tas) Pty Ltd Enterprise Agreement 2024 (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.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 5.6 and 6.2(2) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 20 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Onestop Metal Recycling (Tas) Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2024. The agreement was made between the company and its employees. The Fair Work Commission is the body that approved the agreement. The company, represented by its legal team, argued that the agreement was fair and in line with the Fair Work Act 2009. The employees' representatives, on the other hand, raised concerns about specific provisions, such as those related to working hours, leave entitlements, and redundancy provisions.

The legal issues before the court revolved around whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. This included assessing if the agreement provided for minimum wages and conditions, and if it had been made in good faith. The court also needed to determine if the agreement covered all necessary aspects of employment, such as working hours, leave, and dispute resolution mechanisms. Furthermore, the court examined if the agreement was free from any unfair or discriminatory terms.

The Fair Work Commission found that the agreement largely met the statutory requirements. The court noted that the agreement contained provisions for minimum wages and conditions, and was made in good faith. It was comprehensive in covering various aspects of employment. However, the court made several modifications to the agreement to address the concerns raised by the employees' representatives. These modifications included amendments to the working hours, leave entitlements, and redundancy provisions to ensure they were fair and equitable. After these changes, the court approved the agreement, finding it compliant with the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2024 with the modifications made to certain provisions. The court ordered that the agreement be registered with the Fair Work Commission, and that it would come into effect on the specified date. The court also directed the parties to implement the agreed-upon changes and to adhere to the terms of the approved agreement.

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