DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd
(AG2014/10871)

BLUESCOPE DISTRIBUTION (KEWDALE) ENTERPRISE AGREEMENT 2014

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DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the BlueScope Distribution (Kewdale) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Distribution (Kewdale) Enterprise Agreement 2014 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 February 2015 and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 12 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, BlueScope Distribution Pty Ltd, sought approval of the BlueScope Distribution (Kewdale) Enterprise Agreement 2014 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for the workers covered by the agreement, including matters such as wages, hours of work, leave entitlements, and other employment-related issues. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the "better off overall test" (BOOT) under section 234 of the Fair Work Act, and whether it contained mandatory terms that were not "protected action" under section 352. Additionally, the Commission had to assess whether the agreement was made in good faith and if it was free from any illegality or unfairness.

The Commission found that the agreement was made in good faith and did not contain any illegal terms. It also concluded that the agreement was "protected action" as it was made in accordance with the procedures set out in the Fair Work Act. The Commission further found that the agreement met the BOOT, as the employees covered by the agreement would be better off overall with the new agreement compared to their previous conditions of employment. Consequently, the Commission approved the BlueScope Distribution (Kewdale) Enterprise Agreement 2014.

The Commission made an order approving the BlueScope Distribution (Kewdale) Enterprise Agreement 2014, which came into effect on the date of the Commission's decision. This approval ensures that the agreement's terms and conditions apply to the employees covered by the agreement, providing a framework for their employment relationship with the employer.

BlueScope Distribution Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established