DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BlueScope Steel (AIS) Pty Ltd T/A BlueScope
(AG2020/241)

LYSAGHT ACHERFIELD WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 FEBRUARY 2020

Application for approval of the Lysaght Archerfield Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Archerfield Workplace Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 17 February 2020 and, in accordance with s.54, will operate from 24 February 2020. The nominal expiry date of the Agreement is 20 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel (AIS) Pty Ltd, trading as BlueScope, applied to the Fair Work Commission for the approval of the Lysaght Archerfield Workplace Agreement 2019. The application arose from negotiations between BlueScope and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, if approved, would govern the terms and conditions of employment for certain employees within the Lysaght Archerfield site. The dispute centred on various aspects of the proposed agreement, including hours of work, shift patterns, penalty rates, and the implementation of new technology.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for "individual" and "enterprise" agreements. Specifically, the Commission had to consider whether the agreement provided for appropriate processes for resolving disputes and ensuring employee representation, as well as whether it met the criteria for avoiding or resolving unprotected industrial action. The Commission also had to examine whether the agreement provided fair and reasonable terms and conditions, and whether it would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement largely complied with the statutory requirements and was in the interests of promoting harmonious, productive, and cooperative workplace relations. The Commission acknowledged the parties' efforts to reach a consensus on various issues and considered that the agreement provided for appropriate processes for resolving disputes and ensuring employee representation. The Commission also noted that the agreement contained provisions for the implementation of new technology, which were designed to enhance productivity and efficiency while protecting the interests of employees. Ultimately, the Commission approved the Lysaght Archerfield Workplace Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included clarifications and enhancements to the dispute resolution and employee representation provisions.

The Fair Work Commission approved the Lysaght Archerfield Workplace Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act. The approved agreement will now govern the terms and conditions of employment for the relevant employees at the Lysaght Archerfield site, promoting harmonious, productive, and cooperative workplace relations. The modifications to the agreement include clarifications and enhancements to the dispute resolution and employee representation provisions, ensuring that the agreement meets all statutory requirements and provides fair and reasonable terms and conditions for the employees.

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