DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
(AG2016/4977)

BLUESCOPE FLAT STEEL PRODUCTS ENTERPRISE AGREEMENT WESTALL 2016

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the BlueScope Flat Steel Products Enterprise Agreement Westall 2016 - (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Bluescope Flat Steel Products Enterprise Agreement Westall 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 Sheet Metal Supplies. 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. 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 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 was approved on 9 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of BlueScope Distribution Pty Ltd, trading as BlueScope Sheet Metal Supplies, an application was brought before the Fair Work Commission for approval of the BlueScope Flat Steel Products Enterprise Agreement Westall 2016. The application sought to have the agreement recognised and registered as a modern award under the Fair Work Act 2009. The agreement was negotiated between the employer and the union representing the employees, and the union argued that the agreement was fair and reasonable for the employees it covered.

The legal issues before the Commission involved determining whether the agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the employees' minimum entitlements, whether it was free from prohibited content, and whether it was genuinely negotiated between the parties. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions, particularly those relating to shift penalties and overtime.

The Fair Work Commission found that the agreement was free from prohibited content and that it had been genuinely negotiated between the parties. The Commission also found that the agreement provided for the employees' minimum entitlements, including provisions for shift penalties and overtime. However, the Commission made some amendments to the agreement to ensure that it complied with the statutory requirements. The Commission was satisfied that the agreement was fair and reasonable for the employees it covered and approved the agreement with the amendments.

The Fair Work Commission approved the BlueScope Flat Steel Products Enterprise Agreement Westall 2016 with the amendments made by the Commission. The agreement was registered as a modern award under the Fair Work Act, and it will apply to the employees covered by the agreement. The employer and the union were bound by the terms of the agreement, and the employees were entitled to the minimum entitlements provided for in the agreement.

BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established