Application for approval of the The Chelgrave Contracting Australia Pty Ltd Bluescope Steel Westernport Site Maintenance Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the The Chelgrave Contracting Australia Pty Ltd Bluescope Steel Westernport Site Maintenance Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chelgrave Contracting Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement does not contain a consultation term that meets the requirements of the Act. The Employees were asked to vote to approve the agreement after 26 February 2025. Pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term prescribed by the (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 46.2.8 - Notice of Termination by Employer.

However, noting clause 5.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2025. The nominal expiry date of the Agreement is 31 March 2028.

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