Bluescope Steel (AIS) Pty Ltd T/A Bluescope

[2019] FWCA 3947

[2019] FWCA 3947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Steel (AIS) Pty Ltd T/A Bluescope
(AG2019/1524)

BLUESCOPE PORT KEMBLA STEELWORKS & SPRINGHILL ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOOTH	SYDNEY, 7 JUNE 2019

Application for approval of the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2019 (Agreement). That application was made by Bluescope Steel (AIS) Pty Ltd (BlueScope) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Unions of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the AMWU the AWU, the CEPU and the CFMMEU in their Form F18s filed with the Commission, I note that the Agreement covers the AMWU, the AWU, the CEPU and the CFMMEU.

[3] I note that the CFMMEU, in its Form F18 filed on 22 May 2019, initially opposed the approval of the Agreement on the grounds that it considered that the appropriate reference award for the purposes of s.206 of the Act and the Better Off Overall Test (BOOT) in relation to the classification of ‘Apprentice Refractory Installation Bricklayer’ is the Building and Construction General On-site Award 2010, and not the Manufacturing and Associated Industries and Occupations Award 2010 as maintained by BlueScope.

[4] BlueScope engages its bricklaying apprentices, and other apprentices, through a longstanding arrangement with a group training company which directly employs the apprentices. This is an arrangement that it says it intends to maintain.

[5] BlueScope has provided a written undertaking that it will not engage any person in the capacity of an Apprentice Refractory Installation Bricklayer as an employee of BlueScope.

[6] I sought the views of the AMWU, the AWU, the CEPU and the CFMMEU about the proposed undertaking. The AMWU, AWU and CEPU and the confirmed that they did not oppose the undertaking. The CFMMEU advised that in the light of the undertaking they no longer opposed the approval of the Agreement.

[7] However the CFMMEU maintains its view that BlueScope should directly employ apprentices.

[8] A copy of the undertaking referred to in paragraph [5] above is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[9] Subject to the undertaking, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[10] The Agreement was approved on 7 June 2019 and, in accordance with s.54 of the Act, will operate from 15 June 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

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