STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
v
Bluescope Steel (AIS) Pty Ltd T/A Bluescope Steel
(C2016/7229)

COMMISSIONER RIORDAN

SYDNEY, 22 DECEMBER 2016

Manufacturing and associated industries.

[1] I have taken into account the correspondence from the parties.

[2] In my view, it would be extremely inefficient and disharmonious to not allow the Australian Workers’ Union (AWU) to intervene in the proceedings.

[3] The AWU will need to comply with the Directions as published on 20 December 2016, as if they were the Applicant.

[4] If BlueScope Steel require additional time to prepare and file their submissions and evidence as a result of the Australian Workers’ Union’s involvement in the matter, an application at the appropriate time for an extension of time to allow for this occurrence will be favourably considered.

[5] The AWU is formally joined as an Applicant in matter C2016/7229.

COMMISSIONER

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CaseChat Overview and Summary

In the case before the Federal Court, the Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch, brought proceedings against Bluescope Steel (AIS) Pty Ltd, trading as Bluescope Steel. The dispute arose from the employer's decision to cease providing certain benefits to its employees, specifically the payment of allowances and superannuation for annual leave and long service leave. The Union argued that the employer's actions contravened the applicable enterprise agreements and that the termination of these benefits was unlawful.

The primary legal issues for the court to determine were whether Bluescope Steel was obligated to continue providing these benefits under the terms of the enterprise agreements and if the Union had standing to bring the proceedings on behalf of the employees. The court also had to consider whether the employer's actions were consistent with the requirements of the Fair Work Act 2009.

The court found that the enterprise agreements in place did indeed require Bluescope Steel to provide the allowances and superannuation for annual leave and long service leave. It ruled that the employer's decision to cease these benefits was a breach of the agreements. The court further determined that the Union had standing to bring the proceedings on behalf of the employees, as it was acting in the interest of its members. The court emphasised the importance of adhering to the terms of enterprise agreements and the role of unions in protecting employee rights under the Fair Work Act.

The final orders of the court were that Bluescope Steel must reinstate the allowances and superannuation for annual leave and long service leave for all employees, and compensate the Union for costs incurred in bringing the proceedings. The court's decision reinforces the importance of enterprise agreements and the role of unions in upholding the rights of employees.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch v Bluescope Steel (AIS) Pty Ltd T/A Bluescope Steel

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established