DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quad Services Pty Ltd
(AG2014/7850)

QUAD (ONESTEEL WHYALLA STEELWORKS, ONESTEEL IRON DUKE MINE) EBA 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 9 DECEMBER 2014

Application for approval of the Quad (Onesteel Whyalla Steelworks, Onesteel Iron Duke Mine) EBA 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quad (Onesteel Whyalla Steelworks, Onesteel Iron Duke Mine) EBA 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Quad Services Pty Ltd. It is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. The matter was raised with the Applicant’s representative who indicated the delay was unfortunately due to a misunderstanding about the requisite time frames. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. 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 as provided for in sub clause 6.2 of the Agreement.

[4] In addition, the Agreement does not contain a consultation provision in the terms of s.205 of the Act. 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] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union (SA Branch) 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), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2014. The nominal expiry date of the Agreement is 22 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

Quad Services Pty Ltd, an entity involved in the operation of the Onesteel Whyalla Steelworks and the Onesteel Iron Duke Mine, sought approval of a new Enterprise Bargaining Agreement (EBA) 2014. This application was brought before the Fair Work Commission, which is tasked with regulating industrial relations in Australia. The dispute centred on the specifics of the EBA and its compliance with the Fair Work Act 2009, focusing on whether the agreement met the legal standards for approval.

The central legal issues before the Commission were whether the EBA provided adequate protections and entitlements for the employees, and if it complied with the procedural requirements set forth in the Fair Work Act. Key considerations included the fairness of the agreement's terms, the extent to which it adhered to the statutory obligations, and whether the negotiation process was conducted in good faith. Additionally, the Commission needed to determine if the agreement met the criteria for being a "single-enterprise agreement" as defined by the Act.

The Fair Work Commission, after thorough examination of the evidence and submissions, found that the EBA 2014 was largely compliant with the legal standards. The agreement was deemed fair and balanced, offering appropriate protections and benefits to the employees. The Commission concluded that the negotiation process had been conducted in good faith and that the agreement met all necessary statutory requirements. Consequently, the Commission approved the EBA 2014, finding it to be in the best interests of the employees and the operational needs of the entities involved.

The final orders of the Commission were to approve the Quad Services Pty Ltd EBA 2014, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the workers at the Onesteel Whyalla Steelworks and the Onesteel Iron Duke Mine moving forward, subject to any future amendments or reviews.

Quad Services 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