DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BlueScope Steel T/A Fielders
(AG2016/3421)

FIELDERS WANGARA (WA) OPERATIONS ENTERPRISE AGREEMENT - 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Fielders Wangara (WA) Operations Enterprise Agreement -2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Fielders Wangara (WA) Operations Enterprise Agreement - 2016 – 2019 (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 T/A Fielders. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application from BlueScope Steel T/A Fielders for the approval of the Fielders Wangara (WA) Operations Enterprise Agreement - 2016 - 2019. The dispute involved the conditions of employment for the employees of Fielders Wangara, a subsidiary of BlueScope Steel, and the negotiations between the company and the trade union representing the employees. The application was heard by the FWC, which needed to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it contained the necessary "protected actions" that are essential for an enterprise agreement to be approved. Additionally, the FWC had to assess whether the agreement was made in good faith and whether it contained provisions that were contrary to public policy. The FWC also considered whether the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The FWC found that the agreement met all the necessary requirements under the Fair Work Act. The agreement contained the required protected actions and was made in good faith. The FWC also concluded that the agreement did not contain any provisions that were contrary to public policy and provided for fair and reasonable terms and conditions of employment for the employees. Therefore, the FWC approved the Fielders Wangara (WA) Operations Enterprise Agreement - 2016 - 2019, effective from 1 July 2016.

The FWC approved the agreement and directed that it be registered with the Australian Industrial Relations Commission. The agreement will now apply to the employees of Fielders Wangara in Western Australia and will govern their terms and conditions of employment for the duration of the agreement. The approval of the agreement ensures that the employees will have a legally binding enterprise agreement that sets out their rights and obligations, as well as the rights and obligations of their employer.

BlueScope Steel T/A Fielders

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established