Bluescope Steel Ltd Summary

[2013] FWCA 1330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bluescope Steel Ltd
(AG2013/5140)

BLUESCOPE STEEL ANZAC SERVICE CENTRE WORKPLACE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 6 MARCH 2013

Application for approval of the BlueScope Steel Anzac Service Centre Workplace Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Steel Anzac Service Centre Workplace Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bluescope Steel Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (AWU), 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 March 2013. The nominal expiry date is 11 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bluescope Steel Ltd sought approval of a workplace agreement with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the BlueScope Steel Anzac Service Centre Workplace Agreement 2013-2015. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement provided for a fair and reasonable term, and if it included provisions for fair and reasonable rates of pay and conditions. The CFMEU contested certain provisions, arguing they did not adequately protect employee rights and conditions. The Commission needed to balance the interests of both parties, ensuring the agreement was fair and reasonable while also considering the broader implications for the workforce and the industry.

The Commission carefully reviewed the terms of the agreement, examining each contested clause and its implications. The Commission found that while some provisions could be improved to better protect employee rights, the overall agreement provided for fair and reasonable terms. It was determined that the agreement met the necessary criteria under the Fair Work Act, and the Commission approved the agreement with some modifications to address the concerns raised by the CFMEU. This decision ensured that the agreement would continue to operate within the legal framework, providing a fair and reasonable set of terms and conditions for the employees of Bluescope Steel Ltd.

Bluescope Steel Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established