BlueScope Distribution Pty Ltd

[2013] FWCA 2352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2013/5922)

BLUESCOPE DISTRIBUTION - SHEET METAL SUPPLIES QUEENSLAND ENTERPRISE AGREEMENT 2013-2016

Storage services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 17 APRIL 2013

Application for approval of the BlueScope Distribution - Sheet Metal Supplies Queensland Enterprise Agreement 2013-2016.

[1] An application has been made for the approval of an enterprise agreement known as the BlueScope Distribution - Sheet Metal Supplies Queensland Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] It is noted that clause 8 of the Agreement provides that the National Employment Standards apply to employees covered by the agreement, except where the Agreement provides for a more favourable entitlement. It would seem that this will ensure that annual leave paid out upon termination of employment will include annual leave loading (see s.90(2) of the Act) and that paid carers leave can be taken in accordance with the provisions of the Act (see ss.96-99).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] The National Union of Workers, 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) of the Act, I note the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 12 March 2016

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BlueScope Distribution Pty Ltd, sought approval of an enterprise agreement with Sheet Metal Supplies Queensland. The dispute was brought before the Fair Work Commission. The legal issues at hand revolved around whether the agreement complied with the relevant statutory provisions, particularly in terms of procedural fairness and whether it met the requirements for a genuine enterprise agreement as stipulated by the Fair Work Act 2009. The central concern was whether the agreement was appropriately negotiated and whether the requisite consultation processes were followed.

The Commission examined the negotiation process and the consultation undertaken by the applicant. It considered whether the applicant had appropriately engaged with the employees and their representatives, ensuring that the agreement reflected the interests of both parties. The Commission also assessed whether the agreement contained the necessary terms and conditions that were fair and reasonable, and whether it met the standards of procedural fairness required by the Act. Furthermore, it was crucial to determine if the agreement was genuinely an enterprise agreement, reflecting a true negotiation process rather than a unilaterally imposed set of terms.

In reaching its decision, the Commission found that the negotiation process was conducted in a manner that was procedurally fair and that the agreement contained terms and conditions that were fair and reasonable. The Commission concluded that the applicant had adequately consulted with the employees and their representatives and that the agreement reflected a genuine enterprise agreement. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the BlueScope Distribution - Sheet Metal Supplies Queensland Enterprise Agreement 2013-2016, confirming its compliance with the Fair Work Act 2009. The decision was based on the satisfactory negotiation process, adequate consultation, and the fair and reasonable terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established