DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A Lysaght
(AG2017/1240)

LYSAGHT CARDIFF WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2017

Application for approval of the Lysaght Cardiff Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Cardiff Workplace Agreement 2017 (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 Lysaght. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2017. The nominal expiry date of the Agreement is 27 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BlueScope Steel Limited, trading as Lysaght, applied to the Fair Work Commission for approval of the Lysaght Cardiff Workplace Agreement 2017. The dispute arose from the company's desire to modify the existing workplace agreement to implement certain changes, which were opposed by the trade union representing the employees. The matter was heard before the Fair Work Commission, an independent statutory tribunal responsible for the resolution of workplace disputes in Australia.

The primary legal issues before the Commission were whether the proposed changes to the workplace agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the process followed in negotiating the agreement was fair and appropriate. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was fair and reasonable, and if it provided for a fair process for resolving disputes. The Commission also considered the implications of the changes on the employees' terms and conditions of employment.

In delivering its decision, the Commission noted that the proposed changes to the workplace agreement were necessary to improve operational efficiency and to remain competitive in the market. The Commission found that the changes were reasonable and in line with industry practices. Furthermore, the Commission was satisfied that the process followed in negotiating the agreement was fair and appropriate, as the union had been given adequate opportunity to consult and negotiate with the company. The Commission also determined that the changes did not unjustifiably diminish the employees' terms and conditions of employment, and that the agreement provided for a fair process for resolving disputes. Consequently, the Commission approved the Lysaght Cardiff Workplace Agreement 2017.

The Fair Work Commission approved the Lysaght Cardiff Workplace Agreement 2017, finding that the changes proposed by BlueScope Steel Limited were reasonable, fair and in line with industry practices. The Commission determined that the negotiation process was fair and appropriate, and that the agreement provided for a fair process for resolving disputes. The Commission's decision ensures that the company can implement the necessary changes to improve operational efficiency while maintaining a fair and productive working environment for employees.

BlueScope Steel Limited T/A Lysaght

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established