Bluescope Steel Limited T/A Bluescope Steel

[2024] FWCA 1897

[2024] FWCA 1897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bluescope Steel Limited T/A Bluescope Steel

(AG2024/1555)

BLUESCOPE STEEL ACACIA RIDGE SERVICE CENTRE ENTERPRISE AGREEMENT 2024 – 2027

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 24 MAY 2024

Application for approval of the BlueScope Steel Acacia Ridge Service Centre Enterprise Agreement 2024 – 2027

1. Bluescope Steel Limited T/A Bluescope Steel has applied for approval of an enterprise agreement known as the BlueScope Steel Acacia Ridge Service Centre Enterprise Agreement 2024 – 2027 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).        

1. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 16.2 – Public Holiday Substitution as it provides for majority agreement between the employer and employees rather than arrangements with individual employees as required by s 115(3); and

-     Clause 16.3 – Absence on a Public Holiday as it appears to be inconsistent with s 116 of the Act which requires employers to pay employees when they are absent on public holidays.

1. As the Agreement contains an effective National Employment Standards precedence clause provided as part of the undertakings, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 May 2024.

1. In accordance with Clause 3(b), the nominal expiry date of the Agreement is 24 May 2027.

COMMISSIONER

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Annexure A