DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A Fielders
(AG2019/3671)

FIELDERS WANGARA (WA) OPERATIONS ENTERPRISE AGREEMENT - 2019 - 2022

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 5 NOVEMBER 2019

Application for approval of the Fielders Wangara (WA) Operations Enterprise Agreement - 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Fielders Wangara (WA) Operations Enterprise Agreement - 2019 - 2022 (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 Fielders. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as 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) 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 12 November 2019. The nominal expiry date of the Agreement is 4 November 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BlueScope Steel Limited, trading as Fielders, sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement, covering the period 2019 to 2022, was aimed at regulating the employment terms of its workers at the Fielders Wangara operations in Western Australia. The application for approval was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement were unfair.

The primary legal issues the Commission had to resolve were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the 'better off overall test' (BOOT). This test requires that the proposed agreement should be at least as good as the applicable award or existing agreement, taking into account all factors, including wages and conditions. The union's challenge focused on specific provisions regarding shift allowances, redundancy payments, and the process for handling grievances.

The Commission examined the proposed agreement clause by clause, assessing whether it met the statutory requirements and the BOOT. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that the employees would not be worse off financially. The provisions for shift allowances and redundancy payments were deemed fair, and the grievance handling process was considered adequate. The Commission concluded that the proposed agreement met the BOOT and was in compliance with the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Fielders Wangara (WA) Operations Enterprise Agreement for the period 2019 to 2022. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment and met the 'better off overall test'. The agreement was deemed to be compliant with the Fair Work Act 2009.

BlueScope Steel Limited T/A Fielders

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established