DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited T/A Lysaght
(AG2015/3977)

LYSAGHT LYNDHURST WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 JULY 2015

Application for approval of the Lysaght Lyndhurst Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lysaght Lyndhurst Workplace Agreement 2014 (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. 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 24 July 2015 and, in accordance with s.54, will operate from 31 July 2015. The nominal expiry date of the Agreement is 24 July 2018.

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 the approval of the Lysaght Lyndhurst Workplace Agreement 2014. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents raised concerns about various provisions.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion. The Commission had to determine if the agreement's provisions were fair and reasonable, considering the interests of the employees, and whether the process leading to the agreement was appropriate.

In examining the agreement, the Commission considered the fairness and reasonableness of its provisions. It assessed the agreement's compliance with the requirements of the Fair Work Act, including the need for the agreement to be made in good faith and without coercion. The Commission also looked at the process through which the agreement was made, ensuring that it was conducted appropriately. After thorough consideration, the Commission found that the agreement met all the necessary legal criteria and approved it.

The Commission made orders approving the Lysaght Lyndhurst Workplace Agreement 2014, effective from 1 July 2014. The approval was contingent on the agreement being registered with the Commission and the continued compliance with the Fair Work Act.

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