| [2024] FWCA 3440 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Loren Pajkovic T/A Bluescope Distribution
(AG2024/3311)
BLUESCOPE DISTRIBUTION TRADECOAST ENTERPRISE AGREEMENT 2024
| Storage services | |
| COMMISSIONER DURHAM | BRISBANE, 2 OCTOBER 2024 |
Application for approval of the BlueScope Distribution TradeCoast Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the BlueScope Distribution TradeCoast Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loren Pajkovic T/A Bluescope Distribution (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
I note the undertakings were provided in relation to the following:
- redundancy – clause 41.7 - 41.8
- crane licence allowance
- ordinary hours on weekends
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I observe that the following provision/s is/are likely to be inconsistent with the National Employment Standards (NES):
- redundancy – clause 41.7 - 41.8
However, noting clause 6 of the Agreement and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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- AGLC
- Loren Pajkovic T/A Bluescope Distribution [2024] FWCA 3440
- Case
- [2024] FWCA 3440
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement provided for the terms and conditions of employment, including minimum rates of pay and other entitlements, in a manner that was fair and balanced. Additionally, the Commission had to consider whether the agreement had been made in good faith and if it adhered to the statutory requirements for enterprise agreements.
In rendering its decision, the Commission examined the provisions of the agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement provided for fair and balanced terms and conditions of employment, including appropriate minimum rates of pay and other entitlements. Furthermore, the Commission was satisfied that the agreement was made in good faith and complied with all statutory requirements. Consequently, the Commission approved the BlueScope Distribution TradeCoast Enterprise Agreement 2024, finding it to be fair and compliant with the relevant legislation.
The Fair Work Commission approved the BlueScope Distribution TradeCoast Enterprise Agreement 2024, confirming its compliance with the Fair Work Act and its provisions.
Orders
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Background
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Evidence
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