DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Flat Steel Products
(AG2017/305)

BLUESCOPE FLAT STEEL PRODUCTS TRADECOAST ENTERPRISE AGREEMENT 2016

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COMMISSIONER LEE	LAUNCESTON, 29 MARCH 2017

Application for approval of the BlueScope Flat Steel Products Tradecoast Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Flat Steel Products Tradecoast Enterprise Agreement 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 T/A BlueScope Flat Steel Products. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement contained a minor error in the title at clause 16.4. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 19 December 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, BlueScope Distribution Pty Ltd trading as BlueScope Flat Steel Products, sought approval of the BlueScope Flat Steel Products Tradecoast Enterprise Agreement 2016 in the Fair Work Commission. The nature of the dispute centred around the terms and conditions of employment within the tradecoast enterprise agreement, which was to be applied to a range of employees in the flat steel products sector. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved assessing whether the enterprise agreement complied with the statutory provisions, particularly focusing on provisions that dealt with the employees' working hours, pay rates, and other conditions of employment. The Commission needed to determine if the agreement was genuinely negotiated, whether it provided for a minimum rate of pay that met the safety net, and if it satisfied the procedural requirements for approval. Additionally, the Commission considered whether the agreement was consistent with the overarching principles of the Fair Work Act, which aim to facilitate a fair and efficient workplace relations system.

In its decision, the Fair Work Commission meticulously reviewed the negotiation process and contents of the enterprise agreement. The Commission confirmed that the agreement was genuinely negotiated and met the minimum safety net standards. It found that the procedural requirements for approval were fulfilled, and the agreement was consistent with the provisions of the Fair Work Act. The Commission concluded that the BlueScope Flat Steel Products Tradecoast Enterprise Agreement 2016 was fair and appropriate for approval. As a result, the Commission granted approval for the agreement, which would now govern the terms and conditions of employment for the relevant employees within the tradecoast enterprise.

BlueScope Distribution Pty Ltd T/A BlueScope Flat Steel Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established