| [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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- AGLC
- SSX Services Pty Limited T/A InfraBuild Steel Laverton Steel Mill, OneSteel Recycling Pty Limited T/A InfraBuild Recycling [2022] FWCA 3621
- Case
- [2022] FWCA 3621
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were justified under the Fair Work Act 2009. The application included requests for changes to employee work hours, rostering practices, and certain conditions related to shift work and overtime. The Union argued that the changes would adversely affect employees' conditions and entitlements, while the employers contended that the amendments were necessary to adapt to changing business needs and market conditions.
The Commission considered the evidence and submissions from both parties, focusing on the principles of good faith bargaining and the overall fairness of the proposed changes. It examined whether the employers had met their burden of proving that the variations were necessary to maintain the business's operational efficiency and competitiveness. The Commission concluded that the proposed changes were reasonable and necessary, taking into account the employers' need to remain competitive and the employees' rights under the Fair Work Act. Consequently, the Commission approved the variation application, allowing the employers to implement the changes as outlined in their proposal.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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