Bluescope Distribution Pty Ltd

[2014] FWCA 4195

FAIR WORK COMMISSION

DECISION

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

Bluescope Distribution Pty Ltd
(AG2014/6440)

BLUESCOPE DISTRIBUTION PTY LTD (AUBURN) ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2014

Application for approval of the BlueScope Distribution Pty Ltd (Auburn) Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Distribution Pty Ltd (Auburn) 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] 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.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1), 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 24 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Bluescope Distribution Pty Ltd sought approval of the BlueScope Distribution Pty Ltd (Auburn) Enterprise Agreement 2014-2017. The application was made under section 182 of the Fair Work Act 2009, and the respondent, the Transport Workers Union of Australia, did not object to the application. The dispute centred on the terms and conditions of employment for workers at the Auburn facility, including wages, leave entitlements, and other workplace arrangements.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly section 235, which mandates that an agreement must provide for minimum rates of pay and conditions, and not be less favourable than the relevant award or safety net award. The Commission examined the provisions of the agreement to determine if it met the statutory requirements and if it provided for fair and reasonable terms and conditions for the employees.

The Commission found that the enterprise agreement was compliant with the Act. It determined that the agreement provided for minimum rates of pay and conditions, and that it was not less favourable than the relevant award or safety net award. The Commission also noted that the agreement contained provisions for fair and reasonable terms and conditions for the employees, including provisions for dispute resolution, flexible working arrangements, and other workplace benefits. The Commission approved the application for the agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the BlueScope Distribution Pty Ltd (Auburn) Enterprise Agreement 2014-2017, finding it to be in compliance with the Fair Work Act. The agreement provides for minimum rates of pay and conditions, and is not less favourable than the relevant award or safety net award. The agreement also contains provisions for fair and reasonable terms and conditions for the employees, including provisions for dispute resolution, flexible working arrangements, and other workplace benefits. The Commission's decision provides certainty for both the employer and employees at the Auburn facility, ensuring that the agreement is compliant with the law and provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established