[2015] FWCA 7957

The attached document replaces the document previously issued with the above code on 18 November 2015.

The name of the applicant has been changed from “Bluescope Steel (AIS) Pty Ltd T/A Bluescope Steel” to “BlueScope Steel Limited”.

Associate to Vice President Hatcher

Dated 19 November 2015

[2015] FWCA 7957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited
(AG2015/6716)

BLUESCOPE STEEL SPRINGHILL WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
VICE PRESIDENT HATCHER	SYDNEY, 18 NOVEMBER 2015

Application for approval of the BlueScope Steel Springhill Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Springhill Workplace Agreement 2015 (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] On the basis of the material contained in the application, the accompanying statutory declaration and the submissions received today, 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 following organisations, being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them:

the Australian Workers’ Union;

the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU);

the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[4] In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved, and in accordance with s.54 the Agreement will operate from 25 November 2015. The nominal expiry date of the Agreement is 23 July 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel Limited sought approval of the BlueScope Steel Springhill Workplace Agreement 2015 in the Fair Work Commission. The agreement was intended to govern the employment terms and conditions of certain employees. The dispute centred around whether the agreement complied with the Fair Work Act 2009, particularly in relation to its provisions on minimum wages, penalty rates, and other employment conditions. The applicant argued that the agreement was fair and reasonable and met all statutory requirements, while the respondent contested several provisions on the grounds that they did not provide adequate protections for employees.

The Commission had to determine whether the provisions of the agreement met the statutory criteria for approval, including fairness, reasonableness, and compliance with the minimum standards set out in the Fair Work Act. The Commission examined each contested provision in detail, considering the evidence and submissions from both parties. It found that while some provisions were compliant, others did not meet the statutory requirements, particularly regarding minimum wages and penalty rates. The Commission concluded that these provisions were not fair and reasonable and thus could not be approved under the Act.

In light of the findings, the Commission approved the agreement subject to certain modifications. It specified the changes required to bring the contested provisions into compliance with the statutory minimum standards. The decision provided clarity on the application of the statutory criteria in the context of workplace agreements and underscored the importance of ensuring that all provisions meet the fairness and reasonableness test. The final orders mandated that BlueScope Steel amend the agreement to address the non-compliant provisions and resubmit the modified agreement for approval.

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