[2026] FWC 686
General information, not legal advice.
Fair Work Commission
2026-03-19
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
OneSteel Manufacturing (Administrators Appointed)
OSM MIDDLEBACK RANGES ENTERPRISE AGREEMENT 2025
Application for approval of the OSM Middleback Ranges Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the OSM Middleback Ranges Enterprise Agreement 2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by OneSteel Manufacturing (Administrators Appointed) (Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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] I observe that clause 14.7(a) is likely to be inconsistent with the National Employment Standards (NES) as it provides for circumstances where redundancy pay is not payable without the requirement for an application under s 120 of the Act. However, noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry and Maritime Employees Union, each being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act I note that the Agreement covers each of the organisations.
[5] The Agreement is approved and, in accordance with s 54 of the Act will operate from 26 March 2026. The nominal expiry date of the Agreement is 1 February 2028.
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