INFRABUILD STEEL LAVERTON STEEL MILL ENTERPRISE AGREEMENT 2026 - 2028

Application for approval of the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2026 - 2028

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Steel Laverton Steel Mill Enterprise Agreement 2026 - 2028 (the Agreement). It has been made by SSX Services Pty Limited T/A Infrabuild Steel (SSX). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The material field accompanying the application described the agreement as a "multi employer agreement". It is proposed to cover two employers: SSX and OneSteel Recycling Pty Limited. I queried with SSX whether these are in fact related employers, and whether the application was intended to be for the approval of a single enterprise agreement covering 2 or more employers, within the meaning of s 172(2) of the Act. SSX confirmed the reference to "multi employer agreement" was an error, and sought that the application be amended to reflect this. The Australian Workers' Union (AWU), who was a bargaining representative for the proposed agreement, confirmed it agrees this was an error, and supported the request for an amendment. In note for completeness that the requirements in relation to seeking the approval of a single enterprise agreement, as opposed to multi-employer agreement have been complied with, in so far as they are different (such as the provision to employees of a Notice of Employee Representative Rights). The application is amended, pursuant to s 586 of the Act, to reflect that it seeks approval of a single enterprise agreement.

[3] This error also appears to have resulted in SSX filing a Form F17C instead of a Form F17B, as required by the Fair Work Commission Rules 2024 (the Rules). It is also the case that only one such Form has been filed, on behalf of both employers, outlining the steps taken to obtain the approval of the relevant employees and containing other information about the proposed agreement. I consider it appropriate to exercise my power pursuant to rule 7 of the Rules to overlook this non-compliance - in particular I do not consider any employee has been disadvantaged by this non-compliance.

Interaction with the National Employment Standards

[4] Clause 9 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 45(b) - Payment for personal leave dependant on notification

[5] Taking into account the material filed in support of the application, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The AWU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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