BlueScope Steel Limited T/A Lysaght Cardiff

[2023] FWCA 1230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BlueScope Steel Limited T/A Lysaght Cardiff

(AG2023/1040)

LYSAGHT CARDIFF ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 1 MAY 2023

Application for approval of the Lysaght Cardiff Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the BlueScope Steel Limited T/A Lysaght Cardiff (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 Cardiff (Employer). The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2023. The nominal expiry date of the Agreement is 30 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BlueScope Steel Limited, trading as Lysaght Cardiff, sought approval for the Lysaght Cardiff Enterprise Agreement 2023 from the Fair Work Commission. The agreement was the result of negotiations between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the dispute was whether the terms of the proposed agreement were fair and reasonable, in line with the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved examining various aspects of the enterprise agreement, including wages, conditions, dispute resolution, and the fairness of the terms provided to the employees. The Commission had to assess if the agreement met the criteria of being a "better off overall test" (BOOT) for the employees and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission needed to ensure the agreement complied with the Fair Work Regulations and did not contravene any provisions of the Fair Work Act.

The Fair Work Commission deliberated on the evidence presented and found that the proposed enterprise agreement was fair and reasonable. The Commission noted the comprehensive nature of the agreement, which addressed various employee concerns and provided for adequate wage increases and improved working conditions. The Commission was satisfied that the agreement met the BOOT criteria, as it provided benefits to the employees that outweighed any potential disadvantages. The Commission also confirmed that the agreement was reached through genuine good faith bargaining and procedural fairness. Based on these findings, the Commission approved the Lysaght Cardiff Enterprise Agreement 2023.

The final orders of the Fair Work Commission were that the Lysaght Cardiff Enterprise Agreement 2023 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would now be binding on BlueScope Steel Limited, trading as Lysaght Cardiff, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The approval came into effect on the date specified in the agreement and would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established