OSM WHYALLA AND ARDROSSAN ENTERPRISE AGREEMENT 2025

Application for approval of the OSM Whyalla and Ardrossan Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the OSM Whyalla and Ardrossan 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 Pty Limited (Administrator Appointed) T/A OneSteel Manufacturing Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The title at clause 1 of the Agreement is not the same as the title of the Agreement in the Notice of Employee Representation Rights. Having regard to the Employer's submissions, I am satisfied that this is a minor procedural or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers' Union (AWU) and the Construction, Forestry and Maritime Employees Union (CFMEU), each being a bargaining representative for the Agreement, support the approval of the Agreement and 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 the organisations.

[6] The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 February 2026. The nominal expiry date of the Agreement is 1 February 2028.

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