Bluescope Distribution Pty Ltd

[2014] FWCA 5500

FAIR WORK COMMISSION

DECISION

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

Bluescope Distribution Pty Ltd
(AG2014/8538)

BLUESCOPE SHEET METAL SUPPLIES NEW SOUTH WALES ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2014

Application for approval of the BlueScope Sheet Metal Supplies New South Wales Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Sheet Metal Supplies New South Wales Enterprise Agreement 2014 - 2017 (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] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

Bluescope Distribution Pty Ltd sought approval for the BlueScope Sheet Metal Supplies New South Wales Enterprise Agreement 2014 - 2017, which was entered into between the employer and the employees represented by the Sheet Metal Workers Union. The dispute arose when objections were lodged against the proposed agreement, leading to a hearing before the Fair Work Commission (FWC). The primary issue before the FWC was whether the agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement was free from any improper influence or interference, provided adequate protections for employees, and was appropriately negotiated.

The FWC meticulously examined the agreement, taking into account the submissions from both parties and the objectors. The court considered the balance between the employer's need for flexibility and the employees' right to fair and just terms. It also evaluated whether the agreement contained provisions that were reasonably necessary to protect the employer's operational requirements while not undermining the employees' rights or entitlements. Ultimately, the FWC concluded that the agreement was fair and reasonable, taking into account all relevant factors. It was found to be appropriately negotiated and did not contain any provisions that were unfair or detrimental to the employees.

The Fair Work Commission approved the BlueScope Sheet Metal Supplies New South Wales Enterprise Agreement 2014 - 2017, dismissing the objections raised. The decision was grounded on the comprehensive analysis of the agreement's provisions, the negotiation process, and its alignment with the objectives of the Fair Work Act. The FWC determined that the agreement was in the best interests of the employees, providing a fair balance between their rights and the employer's operational needs. The final order confirmed the approval of the enterprise agreement, allowing it to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established