BlueScope Steel Limited T/A BlueScope Lysaght Summary

[2013] FWCA 2487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A BlueScope Lysaght
(AG2013/5900)

BLUESCOPE LYSAGHT FORRESTFIELD ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 APRIL 2013

Application for approval of the BlueScope Lysaght Forrestfield Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Lysaght Forrestfield Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia,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 the organisation.

[4] The Australian Manufacturing 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel Limited, trading as BlueScope Lysaght, applied for the approval of the BlueScope Lysaght Forrestfield Enterprise Agreement 2013 - 2016 in the Fair Work Commission. The application centred around whether the agreement should be certified as a registered, single-employer enterprise agreement, given its implications on the workforce's terms and conditions of employment. The dispute arose because of the parties' inability to reach a consensus on certain provisions within the proposed agreement, necessitating the intervention of the Fair Work Commission to resolve the deadlock.

The legal issues before the Commission involved the interpretation of the Fair Work Act 2009, particularly in relation to the criteria for the registration of an enterprise agreement. The central questions were whether the agreement met the requirements for registration and if it was consistent with the provisions of the Act, including ensuring that the agreement did not unfairly disadvantage employees. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees.

In examining the application, the Commission meticulously reviewed the negotiation process and the content of the proposed agreement. It found that the agreement had been genuinely negotiated between the parties and contained provisions that were not detrimental to the employees. The Commission was satisfied that the agreement met all the statutory criteria for registration and that it did not contain any unfair provisions. Consequently, the Commission approved the BlueScope Lysaght Forrestfield Enterprise Agreement 2013 - 2016, certifying it as a registered agreement.

The final orders of the Commission included the certification of the agreement as a registered enterprise agreement, effective from the date of the decision. This outcome provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions of the workforce at the Forrestfield site for the specified period.

BlueScope Steel Limited T/A BlueScope Lysaght

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established