DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2016/7090)

BLUESCOPE FLAT STEEL PRODUCTS - LAUNCESTON ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the Bluescope Flat Steel Products - Launceston Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bluescope Flat Steel Products - Launceston Enterprise Agreement 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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 16 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BlueScope Distribution Pty Ltd, sought approval for the Bluescope Flat Steel Products - Launceston Enterprise Agreement 2016 in the Fair Work Commission. The application arose as part of the process to modernise the existing enterprise agreements and to address the changing industrial landscape within the steel manufacturing sector. The primary dispute centred on whether the agreement adequately met the requirements of the Fair Work Act 2009, specifically concerning the process of bargaining and the terms of the agreement itself.

The key legal issues before the Commission involved verifying that the agreement was made in good faith, and that it was appropriately certified as a simple, streamlined, and modern enterprise agreement. The Commission had to determine if the bargaining process was conducted fairly and if the terms of the agreement were consistent with the provisions of the Fair Work Act. Additionally, the Commission assessed whether the agreement was in the best interests of the employees and whether it complied with the requirements for being a modern award.

The Commission examined the evidence and submissions presented by both the applicant and the relevant unions. It found that the agreement was made in good faith, and the bargaining process was conducted appropriately. The terms of the agreement were deemed to be fair and consistent with the requirements of the Act. The Commission concluded that the agreement met the criteria for being a modern award and was in the best interests of the employees. Consequently, the Commission approved the application, allowing the new enterprise agreement to come into effect.

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