Bluescope Steel (AIS) Pty Ltd T/A Bluescope

[2024] FWCA 2458

[2024] FWCA 2458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bluescope Steel (AIS) Pty Ltd T/A Bluescope

(AG2024/2121)

LYSAGHT EMU PLAINS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 JULY 2024

Application for approval of the Lysaght Emu Plains Enterprise Agreement 2024

Introduction

1. Bluescope Steel (AIS) Pty Ltd T/A Bluescope (the Employer) has made an application for approval of an enterprise agreement known as the Lysaght Emu Plains Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights (NERR)

1. The NERR titles the agreement as ‘Lysaght Emu Plains Enterprise Agreement 2021’ which is inconsistent with clause 1 of the agreement which titles the agreement as ‘Lysaght Emu Plains Enterprise Agreement 2024’. The Employer provided submissions that this matter constituted a minor technical error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical errors for the purpose of s.188(5)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Public Holidays

1. Clause 17.6 of the Agreement states that where an employee is absent from work on the working day before or the working day after a public holiday without reasonable excuse or without consent on the employer, the employee is not entitled to payment for such working day. This appears to be contrary to an employee’s entitlement under s.116 of the Act to be absent from employment on a public holiday and be paid. I note that clause 25.2 of the Agreement provides that the National Employment Standards apply to employees covered by the Agreement provided that where the Agreement provides a more favourable condition, the Agreement prevails. In the circumstances, I am satisfied that clause 25.2 of the Agreement ensures compliance with s.116.

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings is attached in Schedule 2. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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