DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited
(AG2020/4146)

BLUESCOPE STEEL ACACIA RIDGE SERVICE CENTRE ENTERPRISE AGREEMENT 2021– 2024

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 FEBRUARY 2021

Application for approval of the BlueScope Steel Acacia Ridge Service Centre Enterprise Agreement 2021- 2024.

[1] BlueScope Steel Limited has made an application for approval of an enterprise agreement known as the BlueScope Steel Acacia Ridge Service Centre 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] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 February 2021 and, in accordance with s 54, will operate from 8 February 2021. The nominal expiry date of the Agreement is 1 February 2024.

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 Acacia Ridge Service Centre Enterprise Agreement 2021-2024. The application involved the terms and conditions of employment for workers at the Acacia Ridge service centre. The primary dispute centred on the fairness and appropriateness of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement was appropriately certified and whether it met the criteria for being "better off overall" for the employees.

The legal issues before the Commission included assessing whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise invalid. Additionally, the Commission had to ensure that the agreement provided for the protection of employees' rights and interests, including those of casual employees, and that it was not oppressive or unfairly discriminatory.

The Commission found that the agreement was appropriately certified and met the criteria for approval. The terms and conditions were deemed to be fair and reasonable, and the agreement was considered to be better off overall for the employees. The Commission noted that the agreement included provisions for the protection of employees' rights and interests, and that it did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement was made in good faith and was not oppressive or unfairly discriminatory. Based on these findings, the Commission approved the BlueScope Steel Acacia Ridge Service Centre Enterprise Agreement 2021-2024.

BlueScope Steel Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established