DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Limited and Onesteel Recycling Pty Limited T/A OneSteel Laverton Steel Mill
(AG2015/1440)

ONESTEEL LAVERTON STEEL MILL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 JULY 2015

Application for approval of the OneSteel Laverton Steel Mill Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the OneSteel Laverton Steel Mill Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by SSX Services Limited and Onesteel Recycling Pty Limited T/A OneSteel Laverton Steel Mill.. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 27 July 2015. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, SSX Services Limited, sought approval of the OneSteel Laverton Steel Mill Enterprise Agreement 2015. The respondent, Onesteel Recycling Pty Limited, trading as OneSteel Laverton Steel Mill, opposed the application on the basis that it failed to meet the requirements of section 230 of the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner D.A. Robinson.

The central issue before the court was whether the enterprise agreement contained provisions that were contrary to the "better off overall test" (BOOT) outlined in section 230 of the Fair Work Act 2009. The test requires that employees be no worse off and at least some employees be better off overall under the new agreement compared to their previous conditions. The dispute centred on specific clauses in the agreement that the respondent argued did not meet the BOOT criteria, particularly regarding changes to shift patterns and associated entitlements.

Commissioner Robinson examined the evidence presented by both parties, including expert testimonies and submissions on the impact of the agreement's provisions on employees. The Commissioner concluded that the changes proposed in the agreement did not contravene the BOOT test. The Commissioner found that the new agreement provided for adequate compensation and benefits that, overall, improved the conditions for the employees. The evidence demonstrated that some employees would benefit from the changes, thus satisfying the legislative requirements.

The Fair Work Commission approved the OneSteel Laverton Steel Mill Enterprise Agreement 2015, finding that it met the necessary criteria under section 230 of the Fair Work Act 2009. The decision was based on the comprehensive analysis of the agreement's provisions and their impact on the employees, as well as the assurances provided by the applicant regarding the implementation and compliance with the agreement.

SSX Services Limited and Onesteel Recycling Pty Limited T/A OneSteel Laverton Steel Mill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established