DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Distribution Pty Ltd T/A Impact Steel
(AG2016/6844)

IMPACT STEEL ENTERPRISE AGREEMENT - 2016

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COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Impact Steel Enterprise Agreement - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Impact Steel 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 Impact Steel. 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

BlueScope Distribution Pty Ltd, trading as Impact Steel, sought approval of the Impact Steel Enterprise Agreement 2016 in the Fair Work Commission. The applicant argued that the agreement was appropriate for the employees covered by it, given their roles and the nature of the business. The dispute arose from objections raised by certain employee representatives, questioning the fairness and adequacy of specific provisions within the agreement.

The primary legal issues before the Commission involved whether the agreement met the statutory criteria for approval, as set out in the Fair Work Act 2009. This included examining whether the agreement provided for fair and reasonable terms and conditions, including pay and other entitlements, and whether it allowed for the proper management of the enterprise. Furthermore, the Commission had to assess whether the agreement was free from any unfair content and if it was made in good faith.

In its decision, the Fair Work Commission thoroughly reviewed the provisions of the agreement and considered the objections raised. The Commission found that the agreement, while containing some contentious elements, overall met the statutory requirements for approval. The Commission acknowledged the complexities of the enterprise's operations and the need for flexibility in certain areas, but it also ensured that the agreement did not unfairly disadvantage the employees. The Commission approved the agreement, subject to some minor modifications to address specific concerns raised during the proceedings.

The Commission's final orders included the approval of the Impact Steel Enterprise Agreement 2016, with certain amendments to address the identified issues. These amendments were aimed at ensuring that the agreement complied with the statutory requirements and protected the interests of the employees. The decision underscored the importance of balancing the needs of the enterprise with the rights of the employees, ultimately leading to a fair and approved enterprise agreement.

BlueScope Distribution Pty Ltd T/A Impact Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established