Bluescope Steel Limited Trading AS Bluescope Summary

[2025] FWCA 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bluescope Steel Limited Trading AS Bluescope

(AG2025/2260)

BLUESCOPE PORT KEMBLA STEELWORKS & SPRINGHILL ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 31 JULY 2025

Application for approval of the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2025

Bluescope Steel Limited (Applicant) has made an application for approval of an enterprise agreement known as the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Single Interest Employers

The Agreement is expressed to cover two employers: the Applicant and BlueScope Steel (AIS) Pty Ltd (Employers). Having regard to the materials filed, I am satisfied that the Employers are related bodies corporate (see ss.172(2) and (5A) of the FW Act).

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

One of the issues identified concerned the classification matching for the classifications in Item 7 – Production Planning, Item 13 – Maintenance, and Item 14 – Rail Transport of Table 1 Restructured Ironworkers Rates of Pay. In response to this issue being raised the Employers stated that they did not employ persons in those categories of classifications and would not do so during the life of the Agreement. I have accepted the Employers’ submission that it does not employ persons in those classifications and that it is not reasonably foreseeable that it will employ persons in those classifications for the term of the Agreement (see s.193A of the FW Act). I note that if those circumstances change an application under s.227A is available for a reconsideration of the better off overall test.

Section 183 Bargaining representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Construction, Forestry and Maritime Employees Union (CFMEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU, the AWU, the CEPU, and the CFMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 1 July 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

Bluescope Steel Limited, trading as BlueScope, sought approval of the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2025, which would apply to its employees at the Port Kembla Steelworks and Springhill Enterprise. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair and efficient resolution of workplace disputes, if it included terms that were fair and reasonable in all aspects, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider submissions from both BlueScope and the relevant union, as well as any other stakeholders who had provided input during the consultation period.

The Fair Work Commission found that the agreement contained provisions that were fair and reasonable, and that it provided for the efficient and fair resolution of workplace disputes. The Commission also found that the agreement complied with the requirements of the Fair Work Act. As a result, the Commission approved the BlueScope Port Kembla Steelworks & Springhill Enterprise Agreement 2025, effective from 1 April 2025. This decision was made in light of the submissions and evidence presented by both parties, and the Commission's consideration of the broader interests of the workforce and the industry.

Bluescope Steel Limited Trading AS Bluescope

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established