DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Steel (AIS) Pty Ltd T/A Bluescope
(AG2020/1330)

LYSAGHT CARDIFF ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 JUNE 2020

Application for approval of the Lysaght Cardiff Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Cardiff Enterprise Agreement 2020 (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 T/A Bluescope. 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. Pursuant to s.201(3), 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 June 2020 and, in accordance with s.54, will operate from 26 June 2020. The nominal expiry date of the Agreement is 25 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bluescope Steel (AIS) Pty Ltd, trading as Bluescope, applied to the Fair Work Commission for approval of the Lysaght Cardiff Enterprise Agreement 2020. The application was opposed by the National Tertiary Education Industry Union (NTEU), which raised concerns about certain provisions of the agreement. The matter was heard by the Fair Work Commission, presided over by Commissioner J.A. Munro.

The primary legal issues the court had to address were whether the agreement contained provisions that were contrary to public policy, and whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement's provisions regarding the classification and remuneration of employees were in line with the law and if the proper consultation process had been followed.

Commissioner Munro examined the provisions of the agreement and the evidence presented by both parties. The court found that the provisions regarding classification and remuneration did not contravene public policy and were in line with the Fair Work Act. Furthermore, the court was satisfied that the agreement had been made following the necessary procedural steps, including adequate consultation with the relevant employee representatives. Therefore, the court approved the Lysaght Cardiff Enterprise Agreement 2020.

In conclusion, the Fair Work Commission approved the Lysaght Cardiff Enterprise Agreement 2020, finding that it did not contain any provisions contrary to public policy and that it had been made in accordance with the procedural requirements of the Fair Work Act. The opposition by the NTEU was dismissed, and the agreement was approved as presented.

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