EBA Approval scrutinised by Full Bench

OneSteel Recycling Pty Limited T/A OneSteel Recycling (C2014/6309) [2014] FWCFB 7560, JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT; SENIOR DEPUTY PRESIDENT DRAKE; COMMISSIONER MCKENNA

This was an appeal against decision the approval of an enterprise agreement on the basis of whether the group of employees covered by the agreement was fairly chosen.

 

The reason for the appeal was whether the group of employees to be covered by the Agreement was fairly chosen having regard to the Act.

 

“In Cimeco Pty Ltd v Construction, Forestry, Mining and Energy Union and Others, the Full Bench (in that matter) stated:

“Given the context and the legislative history it can reasonably be assumed that if the group of employees covered by the agreement are geographically, operationally or organisationally distinct then that would be a factor telling in favour of a finding that the group of employees was fairly chosen. Conversely, if the group of employees covered by the agreement was not geographically, operationally or organisationally distinct then that would be a factor telling against a finding that the group was fairly chosen.”

 

Commentary

 

It is most important (as with all things FWC) that the step-by-step approach is taken to the negotiation of the EBA. More information on this can be found at the FWC’s web-site or by contacting me.