BlueScope Steel Limited

[2013] FWCA 5308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited
(AG2013/1676)

BLUESCOPE STEEL PORT KEMBLA STEELWORKS AGREEMENT 2012

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

Application for approval of the BlueScope Steel Port Kembla Steelworks Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Port Kembla Steelworks 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 (AIS) Pty 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, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and the Construction, Forestry, Mining and Energy Union - NSW Construction and General Branch, 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 applied to the Fair Work Commission for approval of the BlueScope Steel Port Kembla Steelworks Agreement 2012. The application was made pursuant to section 231 of the Fair Work Act 2009, which requires certain agreements to be approved by the Commission if they are to have effect. The dispute centred on whether the agreement met the necessary requirements under the Act, particularly concerning the provision of better terms and conditions than those provided by the relevant award or registered agreement.

The key legal issues before the Commission were whether the agreement provided for better terms and conditions than the relevant award, and whether the agreement was in accordance with the provisions of the Fair Work Act. The Commission examined the terms of the agreement, the evidence provided by the parties, and the applicable provisions of the Act and the relevant award. The Commission also considered the nature of the workplace and the context in which the agreement was made.

In determining the application, the Commission held that the agreement did provide for better terms and conditions than the relevant award and that the agreement was in accordance with the provisions of the Fair Work Act. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Act. The Commission approved the agreement, noting that it provided for improved working conditions and better protections for employees. The Commission's decision was based on a detailed analysis of the agreement and the evidence provided by the parties.

The Commission made an order approving the BlueScope Steel Port Kembla Steelworks Agreement 2012. The order was made pursuant to section 231 of the Fair Work Act 2009. The approval of the agreement means that it will have effect as a registered agreement, providing improved terms and conditions for employees at the Port Kembla Steelworks.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established