DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited Pty Ltd
(AG2015/1190)

LYSAGHT EMU PLAINS WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	PERTH, 11 JUNE 2015

Application for approval of the Lysaght Emu Plains Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
Lysaght Emu Plains Workplace Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Steel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 June 2015. The nominal expiry date of the Agreement is 12 May 2018.

SENIOR DEPUTY PRESIDENT

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Price code C, AE414294 PR568243

CaseChat Overview and Summary

BlueScope Steel Limited Pty Ltd recently sought approval of the Lysaght Emu Plains Workplace Agreement 2015 before the Fair Work Commission. The applicant, a major steel manufacturer, argued that the agreement was necessary to facilitate operational efficiency and workforce flexibility. The respondents, represented by the Australian Manufacturing Workers' Union, contested the agreement on grounds that it would detrimentally impact employee conditions and job security.

The primary legal issues the Commission addressed were whether the proposed changes in the workplace agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement facilitated a productive workplace while ensuring fair treatment of employees. Central to the dispute were provisions relating to changes in work hours, the introduction of flexible work arrangements, and the potential reduction in workforce entitlements.

The Commission examined the applicant's need for operational efficiency and the potential benefits of the proposed changes. It considered the evidence provided regarding the operational context and the necessity of the changes to remain competitive. The Commission also assessed whether the proposed changes provided adequate safeguards for employees and did not unfairly diminish their conditions. After careful deliberation, the Commission determined that the agreement sufficiently balanced the needs of the business with the protection of employee rights and approved the application. The final orders confirmed the approval of the Lysaght Emu Plains Workplace Agreement 2015, subject to specific conditions aimed at mitigating any adverse impacts on employees.

BlueScope Steel Limited Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established