The Australian Workers' Union v OneSteel Recycling Pty Limited and SSX Services Pty Limited

[2018] FWC 4954

[2018] FWC 4954 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protection action ballot order

The Australian Workers’ Union

v

OneSteel Recycling Pty Limited and SSX Services Pty Limited

(B2018/717)

Commissioner McKinnon MELBOURNE, 23 AUGUST 2018

Proposed protected action ballot of employees of OneSteel Recycling Pty Limited and SSX Services Pty Limited.

1. This is an application under s.437 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (AWU) for a protected action ballot order in relation to employees of OneSteel Recycling Pty Limited and SSX Services Pty Limited (together, Liberty OneSteel) who will be covered by an enterprise agreement to replace the OneSteel Laverton Steel Mill Enterprise Agreement 2015 and for whom the AWU is a bargaining representative.

1. The parties participated in a conference in the matter on 23 August 2018. In the conference, the AWU gave the following undertakings in relation to the application:

1.   that it will only seek the inclusion of terms in the proposed enterprise agreement about contractors / labour hire / casual employees to the extent those terms are about permitted matters for the purposes of section 172 of the Act;

2.   that in relation to industrial action of less than four hours in the melt shop, the AWU will confirm at least four hours in advance that notified industrial action is going to proceed.

1. On the basis of the undertakings provided, Liberty OneSteel consents to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Craig Kelly of the AWU setting out the steps taken in bargaining with Liberty OneSteel and that it has been, and is, genuinely trying to reach agreement with the Liberty OneSteel, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR620124.

COMMISSIONER

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