Bluestone Mines Tasmania Joint Venture Pty Ltd Summary

[2018] FWCA 4662

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bluestone Mines Tasmania Joint Venture Pty Ltd

(AG2018/1153)

Bluestone Mines Tasmania JV Enterprise Agreement 2017

Tasmania
Commissioner Lee	MELBOURNE, 9 AUGUST 2018

Application for approval of the Bluestone Mines Tasmania JV Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bluestone Mines Tasmania JV Enterprise Agreement 2017 (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.

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.

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.

The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the case were Bluestone Mines Tasmania Joint Venture Pty Ltd and the Australian Workers Union. The dispute centred on the approval of the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2017. The Fair Work Commission heard the matter. The central legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees.

The Commission examined the provisions of the agreement and the submissions from both parties. A key issue was whether the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission also considered the process by which the agreement was made, including whether there was genuine bargaining between the parties. The Australian Workers Union argued that the agreement did not adequately protect the employees, while Bluestone Mines Tasmania Joint Venture Pty Ltd contended that the agreement was fair and reasonable.

After reviewing the evidence and submissions, the Commission determined that the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2017 did meet the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that there had been genuine bargaining between the parties. The Commission approved the agreement, finding that it met the criteria for approval under the Act.

The Fair Work Commission approved the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2017, determining that it was fair and reasonable and met the requirements of the Fair Work Act 2009. The agreement was thus approved and can be used to govern the terms and conditions of employment for the employees covered by the agreement.

Bluestone Mines Tasmania Joint Venture Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established