BlueScope Steel Limited

Case [2021] FWCA 6689


[2021] FWCA 6689
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

BlueScope Steel Limited
(AG2021/8182)

BLUESCOPE CHULLORA SERVICE CENTRE ENTERPRISE AGREEMENT 2021-2025

Manufacturing and associated industries

DEPUTY PRESIDENT DEAN

CANBERRA, 15 NOVEMBER 2021

Application for approval of the BlueScope Chullora Service Centre Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Chullora Service Centre Enterprise Agreement 2021-2025 (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 Limited. The Agreement is a single enterprise agreement.

[2] 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2021. The nominal expiry date of the Agreement is 14 November 2025.

DEPUTY PRESIDENT

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<AE513879  PR735780>

Details
AGLC
BlueScope Steel Limited [2021] FWCA 6689
Case
[2021] FWCA 6689
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, BlueScope Steel Limited applied for the approval of the BlueScope Chullora Service Centre Enterprise Agreement 2021-2025. The dispute centred on the terms and conditions of employment for the employees of the Chullora Service Centre, focusing on issues such as wages, working conditions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission also needed to determine if the agreement adequately covered key aspects such as minimum wages, classification, and other essential terms of employment. Furthermore, the Commission had to consider the extent to which the agreement allowed for the protection of employees' rights and interests.

The Fair Work Commission found that the BlueScope Chullora Service Centre Enterprise Agreement 2021-2025 was made in good faith and provided for a fair and efficient workplace. The agreement was deemed to meet all necessary statutory requirements under the Fair Work Act. It was noted that the agreement included provisions for minimum wages, classification, and other essential terms of employment, which were fair and balanced. The Commission approved the agreement, finding that it provided appropriate protections for employees' rights and interests.

The Fair Work Commission approved the BlueScope Chullora Service Centre Enterprise Agreement 2021-2025, and the agreement came into effect. This decision ensures that the terms and conditions of employment for the employees of the Chullora Service Centre are regulated by the approved enterprise agreement, providing a framework for fair and efficient workplace practices.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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