| [2017] FWCA 6594 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
(AG2017/4866)
BlueScope Flat Steel Products Granville Enterprise Agreement 2017-2020
| Storage services | |
| Commissioner Harper-Greenwell | MELBOURNE, 11 DECEMBER 2017 |
Application for approval of the BlueScope Flat Steel Products Granville Enterprise Agreement 2017 - 2020.
An application has been made for approval of an enterprise agreement known as the BlueScope Flat Steel Products Granville Enterprise Agreement 2017-2020 (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 Sheet Metal Supplies. The Agreement is a single enterprise agreement.
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.
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. 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.
The Agreement lodged contained an error at Table 16.2 and Table 16.3. On 5 December 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
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.
The Agreement was approved on 11 December 2017 and, in accordance with s.54, will operate from 18 December 2017. The nominal expiry date of the Agreement is 11 December 2021.
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Appendix A
- AGLC
- BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies [2017] FWCA 6594
- Case
- [2017] FWCA 6594
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on the fairness and compliance of specific provisions in the enterprise agreement with the requirements of the Fair Work Act 2009. The union argued that certain clauses were not fair and did not meet the 'better off overall test', which mandates that employees should not be worse off financially under the new agreement compared to their previous conditions. Additionally, the union claimed that some provisions contravened the provisions of the Act.
In delivering its decision, the Fair Work Commission considered the arguments put forward by both parties. The Commission found that while some of the union's concerns had merit, others were not substantiated by evidence. The Commission determined that the overall agreement met the 'better off overall test' and did not contravene the Act. The Commission approved the BlueScope Flat Steel Products Granville Enterprise Agreement 2017-2020, subject to certain modifications to address the concerns raised by the union. These modifications included clarifications and adjustments to specific provisions to ensure compliance with the Act.
The Fair Work Commission approved the BlueScope Flat Steel Products Granville Enterprise Agreement 2017-2020, with the aforementioned modifications. This decision provided certainty to the parties involved and ensured that the agreement met the legal standards required under the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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