Bluenergy Mining Pty Ltd

[2013] FWCA 6543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluenergy Mining Pty Ltd
(AG2013/8865)

BLUENERGY MINING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the Bluenergy Mining Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bluenergy Mining Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In Bluenergy Mining Pty Ltd, the Full Bench of the Fair Work Commission considered an application for the approval of the Bluenergy Mining Pty Ltd Enterprise Agreement 2013. The dispute arose between Bluenergy Mining Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The crux of the matter was the need for the Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the enterprise agreement provided adequate safeguards for employees and whether it was made in good faith. Additionally, the court needed to assess whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. The union argued that the agreement failed to adequately protect employee rights, particularly concerning redundancy entitlements, while the employer contended that the agreement was comprehensive and fair.

The Full Bench found that the agreement did not include all the mandated terms and conditions, specifically failing to address redundancy entitlements adequately. The court concluded that the agreement did not provide sufficient protection for employees in the event of redundancy, which is a fundamental aspect of the Fair Work Act's protections. Consequently, the application for approval was dismissed as the agreement did not meet the legislative requirements for approval. The Full Bench emphasised the importance of including all mandated terms and conditions in enterprise agreements to ensure comprehensive employee protection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established