BlueScope Steel Limited

[2021] FWCA 3586

[2021] FWCA 3586

FAIR WORK COMMISSION

DECISION

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

BlueScope Steel Limited
(AG2021/5559)

BLUESCOPE STEEL WESTERN PORT ENTERPRISE AGREEMENT 20212024

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2021

Application for approval of the BlueScope Steel Western Port Enterprise Agreement 2021 - 2024.

[1] BlueScope Steel Limited (the Applicant) has made an application for approval of an enterprise agreement known as the Bluescope Steel Western Port Enterprise Agreement 2021 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 June 2021.

[3] On 16 June 2021, my Chambers sent a concerns email to the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The concerns raised about the Agreement were as followed:

•  Whether employees covered received a copy of the incorporated redundancy policy at clause 17.5 of the Agreement;

•  More information was sought as to whether Agreement terms were adequately explained to employees;

•  Whether the Agreement had properly defined shiftworker “for the purposes of the NES”; and

•  Whether clause 18.2 of the Agreement with respect to notice of termination complies with the National Employment Standards (NES).

[5] The Applicant gave submissions for each of the concerns above and gave an undertaking in the required form dated 17 June 2021. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

[6] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] 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.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2021. The nominal expiry date is 1 November 2024.

COMMISSIONER

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