Bluescope Distribution Pty Ltd

[2013] FWCA 9317

FAIR WORK COMMISSION

DECISION

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

Bluescope Distribution Pty Ltd
(AG2013/11526)

BLUESCOPE DISTRIBUTION PTY LTD OTTOWAY ENTERPRISE AGREEMENT 2013 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2013

Application for approval of the BlueScope Distribution Pty Ltd Ottoway Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Distribution Pty Ltd Ottoway Enterprise Agreement 2013 - 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 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 National Union of Workers 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2013. The nominal expiry date of the Agreement is 16 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Bluescope Distribution Pty Ltd, sought approval of the Ottoway Enterprise Agreement 2013-2016. The applicant is a metal and steel manufacturer, and the agreement was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, which represents the applicant's employees. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in relation to the requirements for enterprise agreements to be in writing, to be certified as covering all employees within the agreement, and to comply with the good faith bargaining obligations.

The key legal issues before the Commission were whether the agreement was appropriately negotiated in good faith and whether it met the statutory requirements for certification. The Commission had to consider the process of negotiation, the nature of the bargaining, and the content of the agreement to ensure it complied with the legislative framework. Additionally, the Commission examined the fairness and reasonableness of the agreement's terms and conditions to ensure they were not overly prejudicial to any party.

The Commission found that the agreement was appropriately negotiated in good faith and met all statutory requirements. The negotiation process was thorough, and the parties engaged in meaningful discussions. The agreement was found to be comprehensive and to address the needs of both the employer and the employees. The terms and conditions were deemed to be fair and reasonable, and there was no evidence of any undue pressure or coercion. The Commission was satisfied that the agreement was not overly prejudicial to any party and that it complied with the requirements of the Fair Work Act.

Accordingly, the Commission approved the Ottoway Enterprise Agreement 2013-2016, certifying it as meeting all necessary criteria under the legislation. This decision ensures that the agreement will be legally binding and enforceable for the duration of the agreement. The final orders of the Commission included the certification of the agreement and its approval as a valid and binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established