DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited; Australian Workers’ Union, The
(AG2018/7318)

LIBERTY STEEL LAVERTON STEEL MILL ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 15 APRIL 2019

Application for approval of the Liberty Steel Laverton Steel Mill Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Steel Laverton Steel Mill 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 SSX Services Pty Limited; Australian Workers’ Union, The. 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] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by SSX Services Pty Limited for the approval of the Liberty Steel Laverton Steel Mill Enterprise Agreement 2018. The Australian Workers’ Union was the objector to the agreement. The dispute centred on the terms and conditions of the proposed enterprise agreement, particularly those relating to employee entitlements and protections.

The primary legal issue for the Commission was whether the proposed agreement provided adequate protections for employees under the Fair Work Act 2009. The Commission had to consider whether the agreement met the "better off overall test" and whether it provided for minimum entitlements in line with the National Employment Standards. Additionally, the Commission examined whether the agreement unfairly disadvantaged any group of employees, particularly in the context of the bargaining process and the fairness of the terms negotiated.

In delivering its decision, the Commission found that the proposed agreement did not meet the better off overall test for all employees, as it provided for lower pay rates and less generous conditions than the employees' previous enterprise agreement. The Commission also noted procedural issues in the negotiation process, which raised concerns about the fairness and validity of the agreement. Consequently, the Commission refused to approve the agreement, stating that it did not adequately protect the employees' rights and interests. The Commission's decision emphasised the importance of fair bargaining and the protection of employee entitlements in enterprise agreements.

SSX Services Pty Limited; Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established