DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
(AG2014/10710)

BLUESCOPE SHEET METAL SUPPLIES (BIBRA LAKE) ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2015

Application for approval of the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014 (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.

[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. I note however that I have not accepted the undertaking provided at paragraph 1. I cannot accept an undertaking in relation to the consultation term.

[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 as are relevant to this application for approval have been met.

[5] 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.

[6] The Agreement was approved on 15 January 2015 and, in accordance with s.54, will operate from 22 January 2015. The nominal expiry date of the Agreement is 14 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by BlueScope Distribution Pty Ltd, trading as BlueScope Sheet Metal Supplies, for approval of the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014. The application involved determining whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it was a simple, streamlined, and in good faith.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory criteria for approval. This involved assessing if the agreement was made in good faith and if it was simple and streamlined, without unnecessary complexity. The court had to determine whether the agreement met the threshold for a "low-paid" enterprise agreement, and if it was consistent with the Fair Work Act's objectives.

The Commission found that the enterprise agreement was straightforward, with minimal complexity, and it was made in good faith. It satisfied the criteria for a low-paid enterprise agreement and aligned with the Fair Work Act's objectives. The agreement provided for adequate minimum wages and conditions, and it did not disadvantage employees. The Commission concluded that the agreement was fair and balanced, meeting all the necessary legal requirements.

Accordingly, the Fair Work Commission approved the BlueScope Sheet Metal Supplies (Bibra Lake) Enterprise Agreement 2014, recognising its compliance with the statutory provisions. The approval ensures that the agreement is legally binding and enforceable under the Fair Work Act.

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