DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A BlueScope Steel
(AG2017/2731)

BLUESCOPE ANZAC SERVICE CENTRE ENTERPRISE AGREEMENT 2017-2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 SEPTEMBER 2017

Application for approval of the BlueScope Anzac Service Centre Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Anzac Service Centre Enterprise Agreement 2017-2021 (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 T/A BlueScope Steel. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 September 2017. The nominal expiry date of the Agreement is 20 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BlueScope Steel Limited, trading as BlueScope Steel, applied to the Fair Work Commission for approval of the BlueScope Anzac Service Centre Enterprise Agreement 2017-2021. The application followed a series of negotiations between BlueScope Steel and the Australian Manufacturing Workers' Union (AMWU), representing the employees at the service centre. The agreement, if approved, would regulate the terms and conditions of employment for the employees.

The primary legal issues the Commission was required to address involved whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement included all mandated minimum terms and conditions, if it had been negotiated in good faith, and if it complied with procedural requirements such as proper notice and opportunity for consultation. Additionally, the Commission had to assess if the agreement was likely to achieve a productive workplace relationship.

The Fair Work Commission, after reviewing the application and submissions from both parties, found that the BlueScope Anzac Service Centre Enterprise Agreement 2017-2021 was consistent with the statutory requirements. The Commission concluded that the agreement included all the mandated minimum terms and conditions, was negotiated in good faith, and complied with the procedural obligations set out in the Act. The Commission also determined that the agreement would likely contribute to a productive workplace relationship.

The Commission approved the BlueScope Anzac Service Centre Enterprise Agreement 2017-2021, and it became effective from 1 April 2017, covering the period until 31 March 2021. The agreement regulates various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms.

BlueScope Steel Limited T/A BlueScope Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established