Bluescope Steel Limited T/A Fielders

[2021] FWCA 6652

[2021] FWCA 6652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Steel Limited T/A Fielders
(AG2021/8203)

BLUESCOPE STEEL LIMITED MILE END OPERATIONS ENTERPRISE AGREEMENT 2021-2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 NOVEMBER 2021

Application for approval of the BlueScope Steel Limited Mile End Operations Enterprise Agreement 2021-2025

[1] An application has been made for approval of an enterprise agreement to be known as the BlueScope Steel Limited Mile End Operations Enterprise Agreement 2021-2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bluescope Steel Limited T/A Fielders (Employer). The Agreement is a single enterprise agreement.

[2] The title of the Agreement on the NERR provided to employees (“Building Components Mile End operations Enterprise Agreement 2021”) differed from the title stated in clause 1.1 of the Agreement lodged with the Fair Work Commission, as above. I find, having regard to the submissions of the Employer, that this is a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error, and that that (notwithstanding this minor procedural or technical error) the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.

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

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2021. The nominal expiry date of the Agreement is 12 November 2025.

DEPUTY PRESIDENT

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