ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – unions made application to deal with dispute in regards to terms of BlueScope Steel Port Kembla Steelworks Agreement 2015 (Agreement) – dispute concerned proposed changes that were ‘significant in nature’ within meaning of cl.35.2.2(c) of Agreement – employer had undertaken restructuring, including significant redundancies and labour cost-cutting measures – employees and unions had raised concerns about safety arising from changes to work processes proposed by employer for operations in refractory – application before Commission to arbitrate as to balance of matters stemming from parties’ agreement of February 2017 – question to be answered whether in accordance with Agreement there were any new safety issues that arose from reduction of people used to complete tasks that prevent the implementation of the new work practices – unions submitted that employer’s proposed change not ‘safe’ as required by cl.35.2.1(c) of Agreement – unions submitted change clearly ‘significant change’ within meaning of Agreement and that principles concerning management of change in cl.35 of Agreement are thereby engaged including requirements in cl.35.2.1(c) as it concerned proposed changes being ‘safe’ – to comply with cl.35.2.1(c) of Agreement employer must not merely have turned its mind to safety implications – must actually have ensured the change is safe – employer submitted that in decision to change certain work practices in refractory operations it had complied with requirements for introduction of change in Agreement and maintained the change satisfied required tests in cl.35.2.1(c) of being, among other matters, ‘safe’ – Commission noted proposition that workplace safety is matter of most fundamental importance – considered overarching operation of laws concerning workplace safety, proposed changes and practical implications and inevitable increase in concentration of work where number of employee performing tasks reduced – also noted submissions of employer that some arrangements would actually constitute enhancement to workplace safety – ultimately Commission found unions had not discharged onus – determination issued on basis of reduced number of people performing tasks. Construction, Forestry, Mining and Energy Union v BlueScope Steel (AIS) P/L t/a BlueScope Steel
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