BlueScope Distribution Pty Ltd T/A BlueScope Distribution Summary

[2022] FWCA 251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Distribution
(AG2021/9269)

BLUESCOPE DISTRIBUTION GRANVILLE ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 JANUARY 2022

Application for approval of the BlueScope Distribution Granville Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Distribution Granville Enterprise Agreement 2021 (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 T/A BlueScope Distribution. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) 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 4 February 2022. The nominal expiry date of the Agreement is 27 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between BlueScope Distribution Pty Ltd trading as BlueScope Distribution and the Australian Manufacturing Workers' Union saw the applicant seek approval of the BlueScope Distribution Granville Enterprise Agreement 2021. The application was heard by the Fair Work Commission, specifically Commissioner D.E. O'Brien, who was tasked with assessing the agreement under the Fair Work Act 2009. The legal issues before the court involved determining whether the agreement met the requirements for approval under section 233 of the Fair Work Act, which mandates that an agreement be in the best interests of the employees it covers, and whether it complied with the provisions concerning minimum terms and conditions, including minimum wages, hours of work, and other entitlements.

The court began by considering the procedural fairness of the bargaining process and whether the agreement was genuinely negotiated. It was established that the agreement was the result of genuine negotiations between the parties. The court then examined the substantive aspects of the agreement, including whether it provided for fair and reasonable terms and conditions for the employees. Commissioner O'Brien assessed the agreement against the Fair Work (Registered Organisations) Act 2009 and the Fair Work Act 2009, ensuring that the agreement met the statutory minimum standards and did not disadvantage employees. The court also considered whether the agreement provided for fair and reasonable terms and conditions for the employees, including adequate wages and working conditions.

After thorough consideration, the Commissioner found that the BlueScope Distribution Granville Enterprise Agreement 2021 met the legislative requirements for approval. The agreement was found to be in the best interests of the employees, providing fair and reasonable terms and conditions. The Commissioner approved the agreement, noting that it complied with the relevant statutory minimum standards and did not disadvantage employees. The court also highlighted the importance of genuine negotiations in the bargaining process, which was evident in this case. The final orders included the approval of the BlueScope Distribution Granville Enterprise Agreement 2021, effective from the date of the decision.

BlueScope Distribution Pty Ltd T/A BlueScope Distribution

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established