Bluestone Mines Tasmania Joint Venture Pty Ltd

[2021] FWCA 558

[2021] FWCA 558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluestone Mines Tasmania Joint Venture Pty Ltd
(AG2020/4054)

BLUESTONE MINES TASMANIA JOINT VENTURE ENTERPRISE AGREEMENT 2020

Mining industry
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2021

Application for approval of the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bluestone Mines Tasmania Joint Venture Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union, being bargaining representatives for the Agreement, have both given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

•  Clause 39(c)(ii);

•  Clause 40(m); and

•  Clause 18(c) and 33.

However, noting clause 4(c) 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 11 February 2021. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

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Annexure A