SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling
[2022] FWCA 3621
•19 OCTOBER 2022
| [2022] FWCA 3621 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling
(AG2022/3768)
InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021 - 2025
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 19 OCTOBER 2022 |
Application for variation of the lnfrabuild Steel Laverton Steel Mill Enterprise Agreement 2021-2025
An application has been made for approval of a variation to the lnfrabuild Steel Laverton Steel Mill Enterprise Agreement 2021-2025 (the Agreement). The application was made by SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 4 October 2021. Those undertakings form part of the Agreement as varied.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 19 October 2022.
COMMISSIONER
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