Integrated Steel Mill Services Pty Limited

[2014] FWCA 7234

The attached document replaces the document previously issued with the above code on 15 October 2014.

The title of the Agreement in the preamble should read INTEGRATED STEEL MILL SERVICES PTY LTD - ON SITE BLUESCOPE & COATED PRODUCTS PORT KEMBLA ENTERPRISE AGREEMENT 2014

Lidia Susac

Associate to Commissioner Riordan

24 October 2014

[2014] FWCA 7234

FAIR WORK COMMISSION

DECISION

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

Integrated Steel Mill Services Pty Limited
(AG2014/8986)

INTEGRATED STEEL MILL SERVICES PTY LTD - ON SITE BLUESCOPE & COATED PRODUCTS PORT KEMBLA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 15 OCTOBER 2014

Application for approval of the Integrated Steel Mill Services Pty Ltd - On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2014.

[1] An application has been made for the approval of an enterprise agreement known as the Integrated Steel Mill Services Pty Ltd - On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Steel Mill Services Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The consultation clause listed in clause 2.8 of the Agreement differs from the model consultation clause in schedule 2.3 (regulation 2.09) of the Act. However, the consultation clause contained in the Agreement meets the requirements of s.205 of the Act, and I am prepared to approve the Agreement on that basis.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate seven days after the issuing of this decision. The nominal expiry date of the Agreement of 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE410633 PR556561

CaseChat Overview and Summary

Integrated Steel Mill Services Pty Limited recently came before the Fair Work Commission to seek approval of a new enterprise agreement. The applicant, a company operating in the steel industry, sought to implement changes to the terms and conditions of employment for its workers as per the On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2014. The dispute arose from concerns about the fairness and appropriateness of the proposed changes, with objections lodged by various stakeholders, including employee representatives.

The legal issues before the Commission involved assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included ensuring the agreement did not adversely affect employees' job security, remuneration, or other conditions of employment in a manner that was not in the interests of the employees. The Commission needed to determine if the agreement was genuinely negotiated, if it contained appropriate dispute resolution mechanisms, and whether it aligned with the broader principles of the Act, including those concerning procedural fairness.

In its decision, the Fair Work Commission conducted a thorough review of the agreement, examining its provisions and the negotiation process. The Commission noted that while the agreement proposed several changes, including adjustments to shift patterns and the introduction of performance-based incentives, these changes were the result of genuine bargaining between the parties. The Commission was satisfied that the agreement provided for fair and effective dispute resolution mechanisms and that it did not contain any provisions that would unjustifiably disadvantage employees. The Commission ultimately approved the enterprise agreement, finding that it met the necessary criteria for endorsement under the Fair Work Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement. This decision reflects the Commission's role in overseeing the negotiation and implementation of enterprise agreements to ensure they are fair and in compliance with the statutory framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established