DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2021/6023)

BLUESCOPE DISTRIBUTION TRADECOAST ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 JULY 2021

Application for approval of the BlueScope Distribution Tradecoast Enterprise Agreement 2021.

[1] BlueScope Distribution Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Bluescope Distribution Tradecoast Enterprise Agreement 2021 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The United Workers Union being a bargaining representative for the Agreement has given notice under s.183 of the Act that the Union wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers that organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BlueScope Distribution Pty Ltd, an applicant, sought approval of a new enterprise agreement from the Fair Work Commission, which was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment, including wages, hours, and other workplace arrangements, as proposed in the BlueScope Distribution Tradecoast Enterprise Agreement 2021. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement complied with the provisions of the Fair Work Act, including the 'better off overall test' (BOOT), which requires that the agreement must not result in employees being worse off overall. Additionally, the court had to assess whether the agreement provided for proper consultation and whether it contained any provisions that might be considered contrary to public policy or unfair. The court also examined if the agreement contained appropriate dispute resolution mechanisms and if it was consistent with relevant industry standards and awards.

The Fair Work Commission found that the BlueScope Distribution Tradecoast Enterprise Agreement 2021 met the requirements of the Fair Work Act. The agreement was deemed to satisfy the BOOT, as it provided employees with adequate wage increases and improved working conditions. The Commission concluded that the agreement had been negotiated in good faith and that it did not contain any provisions contrary to public policy or unfair. Furthermore, the agreement included appropriate mechanisms for dispute resolution and was consistent with industry standards and awards. The Commission approved the agreement, finding it to be fair and reasonable for the purposes of the Act.

The Commission's final order was to approve the BlueScope Distribution Tradecoast Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The Commission's decision provided clarity and certainty for both BlueScope Distribution and the CFMEU, ensuring that the agreement would be legally binding and enforceable.

BlueScope Distribution Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established