DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A BlueScope Sheet Metal Supplies
(AG2017/6583)

BLUESCOPE FLAT STEEL PRODUCTS ENTERPRISE AGREEMENT BIBRA LAKE (AGREEMENT)

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 APRIL 2018

Application for approval of the BlueScope Flat Steel Products Enterprise Agreement Bibra Lake (Agreement);.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Flat Steel Products Enterprise Agreement Bibra Lake (Agreement); (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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 April 2018 and, in accordance with s.54, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved BlueScope Distribution Pty Ltd trading as BlueScope Sheet Metal Supplies, which sought approval for the BlueScope Flat Steel Products Enterprise Agreement Bibra Lake (the Agreement). The application was made under the Fair Work Act 2009, with the Commission exercising its powers to ensure the Agreement met the necessary standards for approval.

The primary legal issues before the Commission were whether the Agreement met the formal requirements of the Act, including whether it contained the minimum entitlements and conditions as stipulated by the Act, and whether it was made in good faith and without coercion. The Commission also considered whether the Agreement was appropriately certified by an independent person, and whether there was sufficient employee support for the Agreement.

In making its decision, the Commission examined the documentation and submissions provided by the parties. It found that the Agreement was made in good faith and without coercion, and contained all the required minimum entitlements and conditions. The Commission was satisfied that the Agreement had been appropriately certified and that there was sufficient employee support, as evidenced by the ballot results. The Commission concluded that the Agreement met all the necessary criteria for approval and granted the application.

The Fair Work Commission approved the BlueScope Flat Steel Products Enterprise Agreement Bibra Lake, effective from the date of the decision. The Commission's approval was subject to the Agreement being registered with the Fair Work Commission within the specified timeframe. The decision provided clarity on the requirements for enterprise agreements and the process for their approval, which will be of benefit to employers and employees in similar situations.

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