INFRABUILD RECYCLING NEW SOUTH WALES ENTERPRISE AGREEMENT 2025 - 2029

Application for approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2025 - 2029

[1] This decision concerns an application for approval of the InfraBuild Recycling New South Wales Enterprise Agreement 2025 - 2029 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by One Steel Recycling Pty Limited (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[2] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant and The Australian Workers' Union (AWU), which was the only other bargaining representative, about the shift work definitions in the Agreement. The span of hours of an afternoon shift and night shift under the Agreement is different to the span of hours under the relevant modern award. I raised a concern that this appeared to be a less beneficial term and invited submissions and / or undertakings as the BOOT. The Applicant provided submissions, which included a comparison between the wages received by an employee that is paid in accordance with the relevant modern award and works afternoon shift or night shift as defined by the relevant modern award, and an employee that is paid in accordance with the Agreement and works afternoon shift or night shift as defined by the Agreement. The Applicant submitted that those submissions and calculations demonstrate that the BOOT is satisfied. I sought the views of the AWU as to those submissions and the BOOT more broadly. The AWU did not express any concerns. I am satisfied based on the submissions and calculations provided by the Applicant, which were unchallenged by the AWU, that the Agreement passes the BOOT.

[3] Based on the material provided by the Applicant and the AWU, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[4] Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is section 201(2) of the FW Act. The Australian Workers' Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers The Australian Workers' Union.

[5] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 23 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

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