SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling

[2021] FWCA 6102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling
(AG2021/7292)

INFRABUILD STEEL LAVERTON STEEL MILL ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 4 OCTOBER 2021

Application for approval of the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021 - 2025 (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 T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and 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.

[4] 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.

[5] 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.

[6] The Australian Workers’ Union 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, will operate from 11 October 2021. The nominal expiry date of the Agreement is 3 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021-2025, entered into between SSX Services Pty Limited, trading as InfraBuild Steel Laverton Steel Mill, and OneSteel Recycling Pty Limited, trading as InfraBuild Recycling. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered enterprise agreement. The dispute centred on the procedural fairness and the appropriate process for the Commission to follow in considering the application.

The primary legal issues before the Commission were whether the agreement was properly made, and whether the process followed in making the agreement was fair and appropriate. The applicants argued that the agreement was made following a fair and appropriate process, and that the Commission should approve it. The objectors contended that the process was unfair and that the Commission should not approve the agreement. The Commission had to determine whether the process of making the agreement was procedurally fair and whether it was appropriate for the agreement to be approved as a registered enterprise agreement.

The Fair Work Commission found that the process of making the agreement was procedurally fair and appropriate. The Commission noted that the agreement was made in good faith and that the parties had negotiated in a manner consistent with the principles of procedural fairness. The Commission also found that the agreement provided for appropriate terms and conditions of employment and was in the best interests of the employees covered by the agreement. Consequently, the Commission approved the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021-2025 as a registered enterprise agreement.

The Fair Work Commission approved the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2021-2025 as a registered enterprise agreement, effective from 1 January 2021. The Commission ordered that the agreement be registered and published on the Fair Work Commission's website. The Commission also ordered that the agreement be provided to the parties and to the relevant industrial relations regulators. The Commission's decision brings to a close the application for approval of the agreement and sets the terms and conditions of employment for the employees covered by the agreement for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established