DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel (AIS) Pty Ltd T/A BlueScope
(AG2021/5320)

LYSAGHT EMU PLAINS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 23 JUNE 2021

Application for approval of the Lysaght Emu Plains Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Emu Plains Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Steel (AIS) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 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.

[5] The Agreement, as lodged, contained a typographical error at clause 16.5. On 11 June 2021 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] I note that the Agreement has an effective National Employment Standards (NES) precedence term at clause 24.2. I am satisfied that the NES will prevail to the extent of any inconsistency between this Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 23 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

BlueScope Steel (AIS) Pty Ltd, trading as BlueScope, applied to the Fair Work Commission for the approval of the Lysaght Emu Plains Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for certain employees of BlueScope, specifically those covered by the proposed enterprise agreement. The matter was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and the genuineness of the agreement. The court had to determine if the agreement was made in good faith, if the bargaining was genuinely representative, and if it provided for the minimum entitlements as prescribed by the Act. Furthermore, the court examined whether the agreement was procedurally fair and if there were any breaches of the process that necessitated the agreement's disapproval.

In its decision, the Full Bench of the Fair Work Commission found that the enterprise agreement complied with the statutory requirements. The court considered that the agreement was made in good faith, was genuinely representative of the employees, and provided for the minimum entitlements. The procedural fairness of the bargaining process was upheld, and there were no breaches that would warrant the disapproval of the agreement. Consequently, the court approved the Lysaght Emu Plains Enterprise Agreement 2021.

The final orders of the court were to approve the Lysaght Emu Plains Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered and published in accordance with the Fair Work Act 2009, and it was to bind the employees and the employer from the effective date.

BlueScope Steel (AIS) Pty Ltd T/A BlueScope

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established