BlueScope Distribution Pty Ltd

[2013] FWCA 7754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2013/9420)

BLUESCOPE DISTRIBUTION (KEWDALE) ENTERPRISE AGREEMENT 2011

Storage services
COMMISSIONER WILLIAMS	PERTH, 4 OCTOBER 2013

Application for variation of the BlueScope Distribution (Kewdale) Enterprise Agreement 2011.

[1] An application has been made for approval of a variation to an enterprise agreement known as the BlueScope Distribution (Kewdale) Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Distribution Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The variation can be found at Attachment 1 to this decision.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 4 October 2013.

COMMISSIONER

ATTACHMENT 1

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BlueScope Distribution Pty Ltd, sought a variation of the BlueScope Distribution (Kewdale) Enterprise Agreement 2011 to address concerns regarding the agreement's provisions. The matter was heard in the Fair Work Commission, which has jurisdiction to resolve disputes relating to enterprise agreements under the Fair Work Act 2009. The applicant argued that changes in the business environment necessitated amendments to the existing agreement to remain competitive and viable.

The central legal issues before the Commission were whether the proposed variations were necessary and appropriate to address the significant changes in the business environment, and if they were consistent with the principles of good faith bargaining and fairness. The applicant contended that the variations were essential to enable the business to adapt to new market conditions, while the respondent, the union representing the employees, argued that the changes would adversely affect the employees' conditions and entitlements.

After considering the submissions from both parties and the broader context of the business, the Commission found that the proposed variations were necessary to ensure the continued viability of the applicant's business. The Commission concluded that the changes were reasonable and did not undermine the fundamental principles of good faith bargaining and fairness. Consequently, the Fair Work Commission approved the variations to the BlueScope Distribution (Kewdale) Enterprise Agreement 2011 as sought by the applicant.

The Fair Work Commission's decision authorised the variations to the enterprise agreement, allowing BlueScope Distribution Pty Ltd to implement the changes to address the evolving business environment. The Commission's order ensured that the variations would come into effect as specified in the application, providing the applicant with the flexibility needed to adapt to market conditions while maintaining a fair and balanced approach to the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established