DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A Lysaght
(AG2016/7742)

LYSAGHT ARCHERFIELD WORKPLACE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	YALLOURN, 6 MARCH 2017

Application for approval of the Lysaght Archerfield Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Archerfield Workplace Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 6 March 2017 and, in accordance with s.54, will operate from 13 March 2017. The nominal expiry date of the Agreement is 18 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel Limited, trading as Lysaght, applied for approval of the Lysaght Archerfield Workplace Agreement 2016. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The agreement was intended to govern the employment terms and conditions of certain employees of Lysaght at the Archerfield site. The dispute centred on whether the agreement met the requirements of the Act, particularly regarding the process of its negotiation and the provisions within it.

The legal issues before the Commission included whether the agreement was genuinely bargained and whether it met the statutory requirements for approval. The Commission needed to determine if the agreement was made in good faith, whether it covered the correct bargaining unit, and if the agreement's terms and conditions complied with the safety net provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained any unfair terms that would render it non-compliant.

The Commission examined the evidence provided by both parties and found that the agreement was genuinely negotiated and met the criteria for approval. The evidence showed that the agreement was made in good faith and covered the correct bargaining unit. The terms of the agreement were found to be within the safety net provisions and did not contain any unfair terms. Consequently, the Commission approved the Lysaght Archerfield Workplace Agreement 2016.

The Fair Work Commission approved the Lysaght Archerfield Workplace Agreement 2016, determining that it met all the statutory requirements for approval under the Fair Work Act. The decision confirmed that the agreement was genuinely negotiated and covered the correct bargaining unit. The Commission also found that the terms and conditions of the agreement were compliant with the safety net provisions and did not contain any unfair terms.

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