BlueScope Steel Limited

[2025] FWCA 2898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BlueScope Steel Limited

(AG2025/2725)

BLUESCOPE STEEL WESTERN PORT ENTERPRISE AGREEMENT 2025-27

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the BlueScope Steel Western Port Enterprise Agreement 2025-27.

An application has been made for approval of an enterprise agreement known as the BlueScope Steel Western Port Enterprise Agreement 2025-27 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BlueScope Steel Limited (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 21 August 2025.

On 25 August 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Applicant has provided written undertakings, dated 26 August 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s), and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

The “Australian Workers' Union”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved BlueScope Steel Limited and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the BlueScope Steel Western Port Enterprise Agreement 2025-27, which aimed to regulate the terms and conditions of employment for certain employees of BlueScope Steel. The matter was brought before the Fair Work Commission, Australia's independent workplace relations tribunal.

The primary legal issues that the Commission needed to address included whether the agreement was in the best interests of the employees, if it provided fair and reasonable terms for all parties, and whether the necessary procedural requirements were met during the negotiation and approval process. Additionally, the Commission examined whether the agreement complied with relevant legislative provisions and whether it offered a fair balance of rights and obligations.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the BlueScope Steel Western Port Enterprise Agreement 2025-27 was in the best interests of the employees, as it provided fair and reasonable terms for all parties involved. The Commission also determined that the necessary procedural requirements were met during the negotiation and approval process, and that the agreement complied with relevant legislative provisions. Consequently, the Commission approved the enterprise agreement, emphasising its role in promoting fair and efficient workplace relations.

As a result of the Commission's decision, the BlueScope Steel Western Port Enterprise Agreement 2025-27 was approved and became legally binding between BlueScope Steel Limited and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement now governs the terms and conditions of employment for the specified employees during the period from 2025 to 2027, offering a fair balance of rights and obligations for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established