BlueScope Distribution Pty Ltd T/A BlueScope Distribution

[2021] FWCA 7237

[2021] FWCA 7237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Distribution
(AG2021/8805)

BLUESCOPE DISTRIBUTION PRODUCTS, PROCESSING AND SOLUTIONS HUB ENTERPRISE AGREEMENT 2021 - 2025

Storage services
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 DECEMBER 2021

Application for approval of the BlueScope Distribution Products, Processing and Solutions Hub Enterprise Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement to be known as the BlueScope Distribution Products, Processing and Solutions Hub Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BlueScope Distribution Pty Ltd T/A BlueScope Distribution (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 20 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Storage Services and Wholesale Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2021. The nominal expiry date of the Agreement is 21 December 2025.

DEPUTY PRESIDENT

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Annexure A