INFRABUILD RECYCLING DANDENONG ENTERPRISE AGREEMENT 2025

Application for approval of the Infrabuild Recycling Dandenong Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Infrabuild Recycling Dandenong 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 Recycling Pty Ltd Trading As InfraBuild Recycling (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss 186, 187 and 188 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).

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES).

• Parental leave: Clause 26(b)(i) of the Agreement defines a child for the purposes of adoption as a person under five years of age. This is inconsistent with s68 of the Act which defines a child for adoption-related purposes as a person under 16 years of age.

• Redundancy: Clause 29 of the Agreement provides voluntary and compulsory redundancy for full-time permanent employees with at least 1 year of service. Redundancy payments are 3 weeks per completed year of service, with a maximum of 52 weeks for voluntary and up to 104 weeks for compulsory redundancy. Notice, accrued leave, sick leave, long service leave, and superannuation entitlements are included.

[4] However, noting clause 25 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.

[5] I note that clause 21(h) of the Agreement provides that 'employee Representatives who are elected Workplace Delegates of the union covered by this Agreement, have rights and obligations under this Agreement in accordance with clause 40A- Workplace Delegates'. As such, the workplace delegates' rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[6] The Australian Workers' Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved, and in accordance with s.54, of the Act will operate from 24 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

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