Bluescope Distribution Pty Ltd Summary

[2013] FWCA 6829

FAIR WORK COMMISSION

DECISION

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

Bluescope Distribution Pty Ltd
(AG2013/9146)

BLUESCOPE DISTRIBUTION PTY LTD WESTALL ENTERPRISE AGREEMENT 2013-2016

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COMMISSIONER ROE	MELBOURNE, 10 SEPTEMBER 2013

Application for approval of the BlueScope Distribution Pty Ltd Westall Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Distribution Pty Ltd Westall 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 10 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Court involved an application by Bluescope Distribution Pty Ltd for the approval of the BlueScope Distribution Pty Ltd Westall Enterprise Agreement 2013-2016. The applicant sought to have the agreement, which outlined terms and conditions of employment for certain employees, formally approved by the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was appropriately made.

The legal issues that the Court needed to address included whether the agreement was genuinely an enterprise agreement, whether the requisite procedural steps were followed in its formation, and if it satisfied the good faith bargaining test. Additionally, the Court had to consider whether the agreement contained all the mandatory terms required by the Fair Work Act 2009 and if the agreement was fair and reasonable in all its aspects.

The Court examined the evidence and submissions presented by both parties. It found that the agreement was genuinely an enterprise agreement and that the necessary procedural steps had been followed in its formation. The Court was satisfied that the agreement met the good faith bargaining test and contained all the mandatory terms required by the Fair Work Act 2009. Furthermore, the Court considered the agreement to be fair and reasonable in all its aspects, taking into account the interests of both the employer and the employees.

Consequently, the Court approved the BlueScope Distribution Pty Ltd Westall Enterprise Agreement 2013-2016, confirming its validity and enforceability. The agreement was thus authorised to take effect from the date of the Court's decision.

Bluescope Distribution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established