DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Steel (AIS) Pty Ltd T/A Bluescope Steel
(AG2015/6715)

BLUESCOPE STEEL PORT KEMBLA STEELWORKS AGREEMENT 2015.

Manufacturing and associated industries
VICE PRESIDENT HATCHER	SYDNEY, 18 NOVEMBER 2015

Application for approval of the BlueScope Steel Port Kembla Steelworks Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Port Kembla Steelworks Agreement 2015 (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] On the basis of the material contained in the application, the accompanying statutory declaration and the submissions received today, 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.

[3] The following organisations, being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them:

the Australian Workers’ Union;

the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU);

the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and

the Construction, Forestry, Mining and Energy Union.

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

[5] The Agreement is approved, and in accordance with s.54 the Agreement will operate from 25 November 2015. The nominal expiry date of the Agreement is 23 July 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Bluescope Steel (AIS) Pty Ltd T/A Bluescope Steel, the Fair Work Commission was tasked with determining the approval of the BlueScope Steel Port Kembla Steelworks Agreement 2015. The matter involved the application for the agreement's approval by Bluescope Steel, which sought to formalise the terms and conditions of employment for its employees at the Port Kembla Steelworks. The union, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application, arguing that certain provisions of the agreement were not in the best interests of the employees.

The central legal issues before the Commission were whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided fair and reasonable terms for employees, did not undermine the protection of employees' rights, and met the requirements for good faith bargaining. Additionally, the Commission had to consider whether the agreement addressed the specific needs and interests of the employees at the Port Kembla Steelworks.

The Commission deliberated on the submissions made by both parties and examined the contents of the proposed agreement. It found that the agreement was the product of genuine good faith bargaining and that it provided fair and reasonable terms for the employees. The Commission determined that the agreement adequately protected employees' rights and met the statutory requirements for approval. The Commission also noted that the agreement addressed the specific operational and employment needs of the Port Kembla Steelworks, making it suitable for the unique circumstances of the workplace.

Consequently, the Commission approved the BlueScope Steel Port Kembla Steelworks Agreement 2015, affirming that it met the necessary standards for approval under the Fair Work Act. The Commission's decision recognised the balance achieved in the agreement between the interests of the employer and the rights of the employees, thereby providing a framework for fair and effective employment practices at the Port Kembla Steelworks.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established