BlueScope (AIS) Pty Ltd T/A BlueScope
[2022] FWCA 2196
•30 JUNE 2022
| [2022] FWCA 2196 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
BlueScope (AIS) Pty Ltd T/A BlueScope
(AG2022/1833)
BLUESCOPE PORT KEMBLA STEELWORKS & SPRINGHILL ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 30 JUNE 2022 |
Application for approval of the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2022
Bluescope Steel (AIS) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Amended Form F16
The Agreement covers two employers: the Employer and Bluescope Steel Limited. However, the Form F16 Application did not refer to Bluescope Steel Limited.
On 20 June 2022, the Employer filed an amended Form F16 pursuant to s.586 of the Act. I consider it appropriate in the circumstances to amend the Form F16 Application and do so pursuant to s.586(a) of the Act.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
National Employment Standards (NES) – Compassionate Leave
In its Form F18, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) submitted that the entitlement to compassionate leave under the Agreement is inconsistent with the NES.
I sought the views of the Employer and noting clause 3.6 of the Agreement is an NES precedence clause, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers Union (AWU), the CEPU and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), each being a bargaining representative 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 the AMWU, the AWU, the CEPU, and the CFMMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 31 May 2025.
COMMISSIONER
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