Bluescope Distribution Pty Ltd

[2013] FWCA 6831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bluescope Distribution Pty Ltd
(AG2013/9083)

BLUESCOPE DISTRIBUTION - BENDIGO AND LAUNCESTON ENTERPRISE AGREEMENT 2013-2016

Storage services
COMMISSIONER ROE	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the Bluescope Distribution - Bendigo and Launceston Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bluescope Distribution - Bendigo and Launceston Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bluescope Distribution Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bluescope Distribution Pty Ltd applied to the Fair Work Commission for approval of the Bluescope Distribution - Bendigo and Launceston Enterprise Agreement 2013-2016. The dispute arose from disagreements over the terms and conditions of employment for employees in the Bendigo and Launceston regions. The Fair Work Commission, led by Commissioner Bennett, was the court responsible for making the decision.

The primary legal issues the court needed to decide were whether the enterprise agreement was made in good faith, whether it was genuinely negotiated, and whether it met the criteria for approval under the Fair Work Act 2009. The court also had to consider the extent to which the agreement complied with the Fair Work (Transitional Provisions) Regulations 2009.

The court found that the agreement was made in good faith, was genuinely negotiated, and met the approval criteria under the Act. The agreement was also compliant with the Regulations. The court concluded that the agreement was fair and balanced, taking into account the needs of both the employer and the employees. The court approved the enterprise agreement, highlighting its benefits for both parties and its compliance with the relevant legislation.

The final orders included the approval of the Bluescope Distribution - Bendigo and Launceston Enterprise Agreement 2013-2016, effective from 1 March 2013 to 31 December 2016. The agreement was to apply to employees in the Bendigo and Launceston regions, with the terms and conditions outlined in the document. The court's decision provided certainty for both the employer and the employees, ensuring a fair and balanced working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established