Integrated Steel Mill Services Pty Ltd Summary

[2025] FWCA 2847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Integrated Steel Mill Services Pty Ltd

(AG2025/2577)

INTEGRATED STEEL MILL SERVICES PTY LTD – ON SITE BLUESCOPE & COATED PRODUCTS PORT KEMBLA ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 26 AUGUST 2025

Application for approval of the Integrated Steel Mill Services Pty Ltd – On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Integrated Steel Mill Services Pty Ltd – On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Integrated Steel Mill Services Pty Ltd, sought approval of the Integrated Steel Mill Services Pty Ltd – On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2025 from the Fair Work Commission. The respondent, the Australian Manufacturing Workers' Union, opposed the application, contending that the agreement did not comply with certain statutory provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval.

The central legal issues before the Fair Work Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it adequately addressed the needs and interests of the employees covered by the agreement. The respondent argued that the agreement failed to meet several legislative criteria, including provisions related to the process of bargaining, the content of the agreement, and the protection of employee rights. The applicant, on the other hand, maintained that the agreement was the product of genuine and fair bargaining and met all statutory requirements.

In considering the application, the Fair Work Commission reviewed the evidence and submissions from both parties. The Commission determined that the agreement did not comply with certain provisions of the Fair Work Act 2009, particularly those relating to the process of bargaining and the protection of employee rights. The Commission found that the agreement did not adequately ensure genuine and fair bargaining, nor did it sufficiently protect employees from adverse actions. Consequently, the Fair Work Commission rejected the application for approval of the agreement.

The Fair Work Commission ordered that the application for approval of the Integrated Steel Mill Services Pty Ltd – On Site BlueScope & Coated Products Port Kembla Enterprise Agreement 2025 be dismissed. The Commission's decision underscores the importance of ensuring that enterprise agreements are the product of genuine and fair bargaining processes and that they adequately protect the rights and interests of employees.

Integrated Steel Mill Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established