Bluescope Steel Limited

[2013] FWCA 9259

FAIR WORK COMMISSION

DECISION

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

Bluescope Steel Limited
(AG2013/11203)

BLUESCOPE STEEL ACACIA RIDGE SERVICE CENTRE COLLECTIVE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 NOVEMBER 2013

Application for approval of the BlueScope Steel Acacia Ridge Service Centre Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Acacia Ridge Service Centre Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Steel Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 December 2013. The nominal expiry date of the Agreement is 15 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bluescope Steel Limited applied for approval of the BlueScope Steel Acacia Ridge Service Centre Collective Agreement 2013-2016. The agreement was to cover employees who were employed by Bluescope Steel in the Acacia Ridge Service Centre. The dispute centred on the terms and conditions of employment for these workers, including wages, hours of work, leave entitlements, and other employment-related matters.

The primary legal issue before the Commission was whether the terms and conditions of the proposed agreement were consistent with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also had to consider if the agreement complied with the National Employment Standards and the applicable award provisions.

The Commission found that the agreement was the product of good faith bargaining and contained terms and conditions that were fair and reasonable for the employees. The Commission determined that the agreement provided for appropriate wages, hours of work, and leave entitlements, and complied with the National Employment Standards and the applicable award provisions. The Commission approved the agreement, finding that it met all the necessary legal requirements and provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission approved the BlueScope Steel Acacia Ridge Service Centre Collective Agreement 2013-2016, finding that it met all the necessary legal requirements and provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission found that the agreement was the product of good faith bargaining and contained terms and conditions that were fair and reasonable for the employees. The Commission also determined that the agreement complied with the National Employment Standards and the applicable award provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established