Bluescope Steel Limited T/A Fielders Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Bluescope Steel Limited, trading as Fielders, sought approval for the Mile End Operations Enterprise Agreement 2021-2025. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission being the judicial body responsible for the decision. The central issue was whether the proposed enterprise agreement complied with the statutory requirements for approval, particularly focusing on the provisions concerning wages, working hours, and other conditions of employment.

The Commission examined the terms and conditions set out in the agreement to ensure they met the criteria for registration under the Act. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The Commission also evaluated the procedural fairness of the agreement-making process, ensuring that there was genuine consultation and negotiation between the employer and employees.

After thorough consideration of the evidence and arguments presented by both parties, the Commission found that the agreement was compliant with the statutory requirements. The Commission concluded that the terms and conditions of employment were fair and reasonable, and that the process leading to the agreement was conducted in good faith and without coercion. Consequently, the Fair Work Commission approved the BlueScope Steel Limited Mile End Operations Enterprise Agreement 2021-2025, thereby resolving the dispute in favour of the applicant.

Bluescope Steel Limited T/A Fielders

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established