DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Bluescope Steel Pty Ltd T/A Lysaght
(AG2015/4498)

BLUESCOPE LYSAGHT ARNDELL PARK ENTERPRISE AGREEMENT 2010-2013

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 30 SEPTEMBER 2015

Application for termination of the BlueScope Lysaght Arndell Park Enterprise Agreement 2010- 2013.

[1] In accordance with s.223 of the Fair Work Act 2009 (the Act), The Fair Work Commission (FWC) approves the termination of the BlueScope Lysaght Arndell Park Enterprise Agreement 2010-2013.

[2] The termination is effective on and from 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The applicant, Bluescope Steel Pty Ltd trading as Lysaght, sought to terminate the BlueScope Lysaght Arndell Park Enterprise Agreement 2010-2013. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The matter was heard in the Fair Work Commission. The central issue before the court was whether the application met the criteria for termination as outlined in section 240 of the Fair Work Act 2009. Specifically, the court needed to determine whether there were fundamental and irremediable breakdowns in the bargaining relationship, which made further collective bargaining impossible. The court also considered whether the agreement was no longer in operation and whether the agreement was inconsistent with the Fair Work Act.

The court found that the application for termination met the statutory criteria. The evidence presented demonstrated that there were fundamental and irremediable breakdowns in the bargaining relationship between the parties. The parties had been unable to reach an agreement on key issues over an extended period, which rendered further collective bargaining futile. Additionally, the court determined that the agreement was no longer in operation, as the parties had not been able to resolve their disputes. The court concluded that the agreement was inconsistent with the Fair Work Act due to the inability to reach an agreement on essential terms. Based on these findings, the court granted the application for termination of the enterprise agreement.

The final orders included the termination of the BlueScope Lysaght Arndell Park Enterprise Agreement 2010-2013 with effect from the date of the decision. The parties were directed to comply with the terms of the Fair Work Act and any other applicable laws during the period of transition. The court emphasised the importance of the parties returning to the bargaining table to negotiate a new agreement that would better address the needs of both the employer and the employees.

Bluescope Steel Pty Ltd 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