ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application lodged by AWU to deal with a dispute in relation to the BlueScope Steel Springhill Workplace Agreement 2015 – dispute concerned letter sent by respondent to employees of its Springhill Plant in Port Kembla, regarding implementing proposals for the training of Despatch operators to perform tasks in the Painting and Finishing Department (PFD) on a relief basis – applicant submitted the changes did not satisfy the agreement criteria as they would not be safe, efficient, legal and fair – applicant’s opposition was also based on an alleged lack of consultation – initial discussions held in context of implementing labour cost savings at the Springhill Plant following a collapse in the price of steel – mediation conducted by Commission was held on 8 September 2015 to assist process of identifying labour cost reductions – further letter referring to training in additional tasks sent on 18 March 2016 – conciliations conducted by Commission aimed at resolving the issues between parties over consultation and a compromise position advanced by applicant were not successful – further letter sent by respondent on 5 May 2016 – applicant submitted the onus should be on respondent to demonstrate the changes proposed were safe, efficient, legal and fair – this approach was rejected as the criteria were the same as those in the 2012 agreement applied in BlueScope Steeel (AIS) P/L v AWU and Ors – Commission did not accept that applicant was prejudiced to advance its case due to a lack of consultation – held that a proposed significant change cannot be considered legal if there has not been substantial compliance with consultation processes – held that only the proposed change for operators to perform basic station 5 duties on the Packline was found to be legal as it substantially complied with the agreement – found that proposed change would also be safe, fair and efficient – Commission held that implementation of this proposed change may proceed, and that respondent can recommence consultation about other proposals for change contained in their letter of 5 May 2016. The Australian Workers’ Union v BlueScope Steel Limited
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