BlueScope Steel Limited T/A Fielders Summary

[2024] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BlueScope Steel Limited T/A Fielders

(AG2024/432)

FIELDERS WANGARA (WA) OPERATIONS ENTERPRISE AGREEMENT 2024 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 14 MARCH 2024

Application for approval of the Fielders Wangara (WA) Operations Enterprise Agreement 2024 - 2026

An application has been made for approval of an enterprise agreement known as the Fielders Wangara (WA) Operations Enterprise Agreement 2024 - 2026 (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 Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 August 2023 and the Agreement was made on 13 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Manufacturing Workers’ Union (the AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2024. The nominal expiry date of the Agreement is 14 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BlueScope Steel Limited, trading as Fielders, sought approval of an enterprise agreement for its Wangara, Western Australia operations. The agreement in question covered the period from 2024 to 2026 and was subject to review and approval under the Fair Work Act. The primary dispute centred on whether the agreement adequately complied with the statutory requirements for enterprise agreements, including provisions for employee entitlements, dispute resolution mechanisms, and procedural fairness.

The court had to determine whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court examined whether the agreement provided for the fair and efficient operation of the enterprise, protected employees' rights and interests, and complied with procedural fairness. Issues also included whether the agreement adequately balanced the interests of both the employer and the employees, and if it provided sufficient mechanisms for resolving disputes.

The Fair Work Commission found that the enterprise agreement did meet the statutory requirements. The agreement was deemed to provide for the fair and efficient operation of the enterprise and adequately balanced the interests of the employer and employees. The court was satisfied that the agreement provided for proper dispute resolution mechanisms and complied with procedural fairness. The agreement was approved, recognising the efforts made by both parties to reach a consensus that was fair and in the best interest of all stakeholders.

The Commission approved the Fielders Wangara (WA) Operations Enterprise Agreement 2024 - 2026, subject to the terms and conditions outlined in the agreement. The approval ensures that the agreement will govern the employment terms for the specified period, subject to further review and potential amendments as necessary.

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