BlueScope Steel Limited trading as Lysaght Summary

[2013] FWCA 10091

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel Limited trading as Lysaght
(AG2013/11798)

BLUESCOPE LYSAGHT ARCHERFIELD WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the BlueScope Lysaght Archerfield Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Lysaght Archerfield Workplace Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BlueScope Steel Limited trading as Lysaght. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 19 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BlueScope Steel Limited trading as Lysaght, the applicant sought approval for the BlueScope Lysaght Archerfield Workplace Agreement 2014. The dispute involved the terms and conditions of employment for employees at the Archerfield site, with a focus on the recognition of BlueScope as the sole bargaining agent for the employees. The case was heard in the Fair Work Commission of Australia, which is tasked with overseeing workplace agreements and resolving disputes related to employment terms.

The central legal issues that the Commission needed to address included whether the proposed workplace agreement was consistent with the Fair Work Act 2009, specifically sections concerning the process for approving such agreements and the requirements for employee representation. Additionally, the Commission had to determine whether the agreement adequately protected employees' rights and interests, particularly in light of BlueScope's assertion that it was the exclusive bargaining agent.

The Commission deliberated on the procedural fairness of the agreement and the adequacy of the consultation process with the employees. It considered the evidence presented regarding the representation of employee interests and the alignment of the agreement with the principles of the Fair Work Act. Ultimately, the Commission found that the agreement was fair and balanced, and it approved the BlueScope Lysaght Archerfield Workplace Agreement 2014, recognising BlueScope as the sole bargaining agent.

The Commission's decision affirmed the approval of the workplace agreement, paving the way for its implementation at the Archerfield site. The final orders included the formal recognition of BlueScope Steel Limited trading as Lysaght as the sole bargaining agent for the employees covered by the agreement, subject to the terms and conditions outlined in the approved document.

BlueScope Steel Limited trading as Lysaght

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established