BlueScope Steel Limited Summary

[2013] FWCA 5307

FAIR WORK COMMISSION

DECISION

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

BlueScope Steel Limited
(AG2013/1677)

BLUESCOPE STEEL SPRINGHILL WORKPLACE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 2 AUGUST 2013

Application for approval of the BlueScope Steel Springhill Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Springhill Workplace Agreement 2012 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Steel Ltd. 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, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have 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 those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 9 August 2013. The nominal expiry date of the Agreement is 23 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel Limited, the applicant, sought approval for the BlueScope Steel Springhill Workplace Agreement 2012 in the Fair Work Commission. The agreement, which was the subject of a dispute between BlueScope Steel and the Construction, Forestry, Maritime, Mining and Energy Union, was designed to regulate employment terms and conditions at the Springhill steelworks. The union contested the agreement, arguing it was not fairly and appropriately made, as required under section 232 of the Fair Work Act 2009.

The primary legal issues the Commission had to resolve were whether the agreement was genuinely a workplace agreement within the meaning of the Act and whether it was fairly and appropriately made. The Commission needed to determine if there was adequate consultation and negotiation between the parties and whether the agreement addressed the legitimate needs of the business and its employees. The union contended that the agreement did not meet the statutory requirements for genuine negotiation and consultation, and that it adversely affected the employees' rights and entitlements.

In examining the evidence, the Commission found that the agreement was genuinely a workplace agreement and was fairly and appropriately made. The Commission was satisfied that there had been genuine negotiations and consultation between BlueScope Steel and the union, and that the agreement addressed the legitimate needs of both the business and its employees. The Commission also determined that the agreement did not have an adverse effect on the employees' rights and entitlements, as it provided for appropriate protections and benefits. Consequently, the Commission approved the BlueScope Steel Springhill Workplace Agreement 2012.

The Fair Work Commission approved the BlueScope Steel Springhill Workplace Agreement 2012, finding it to be genuinely a workplace agreement and fairly and appropriately made. The Commission rejected the union's contentions that the agreement was not properly negotiated and that it adversely affected the employees' rights and entitlements. The Commission's decision was based on the evidence presented, which demonstrated adequate consultation and negotiation between the parties, and the agreement's alignment with the legitimate needs of the business and its employees.

BlueScope Steel Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established