DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited
(AG2019/3833)

BLUESCOPE STEEL SUNSHINE SERVICE CENTRE AGREEMENT 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2019

Application for approval of the BlueScope Steel Sunshine Service Centre Agreement 2019-2022

[1] BlueScope Steel Limited has made an application for approval of an enterprise agreement known as the BlueScope Steel Sunshine Service Centre Agreement 2019-2022 (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 statutory declaration, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 October 2019 and, in accordance with s 54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 21 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BlueScope Steel Limited, the applicant, sought approval for the BlueScope Steel Sunshine Service Centre Agreement 2019-2022. The dispute involved the terms and conditions of employment for employees at the Sunshine Service Centre, a facility providing steel processing services. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement complied with the provisions of the Fair Work Act, specifically focusing on minimum entitlements, bargaining obligations, and procedural fairness. The Commission examined if the agreement provided employees with fair and reasonable terms, ensured compliance with minimum wage rates and conditions, and adhered to the processes required for approval.

The Commission found that the agreement was largely compliant with the Fair Work Act. It met the minimum standards for wages, leave entitlements, and other conditions, ensuring that employees were not disadvantaged. The bargaining process was deemed fair, and the agreement's terms were considered reasonable in the circumstances. Consequently, the Commission approved the agreement, recognising that it provided a fair framework for the employees at the Sunshine Service Centre.

No additional orders were required as the agreement was approved in its entirety, providing a clear and fair set of terms for the employees covered by the agreement.

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