Bluestone Mines Tasmania Joint Venture Pty Ltd T/A Bluestone Mines Tasmania Joint Venture Pty Ltd Summary

[2024] FWCA 3624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bluestone Mines Tasmania Joint Venture Pty Ltd T/A Bluestone Mines Tasmania Joint Venture Pty Ltd

(AG2024/3609)

BLUESTONE MINES TASMANIA JOINT VENTURE ENTERPRISE AGREEMENT 2023

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 OCTOBER 2024

Application for approval of the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bluestone Mines Tasmania Joint Venture Pty Ltd T/A Bluestone Mines Tasmania Joint Venture Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 15 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2024. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Bluestone Mines Tasmania Joint Venture Pty Ltd sought approval of the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2023. The dispute involved the terms and conditions of employment for the workers at Bluestone Mines Tasmania, including wages, hours of work, leave entitlements, and other employment-related matters. The parties in the case were the Bluestone Mines Tasmania Joint Venture Pty Ltd, as the employer, and the employees, represented by a union, who sought fair and equitable terms under the proposed enterprise agreement.

The legal issues that the Commission was required to decide included whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for a fair and reasonable terms of employment, and whether it complied with the procedural requirements for the registration of enterprise agreements. The Commission also had to consider the submissions made by the parties regarding the fairness and reasonableness of the proposed terms and conditions.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms of employment, taking into account the specific circumstances of the Bluestone Mines Tasmania Joint Venture Pty Ltd and its employees. The Commission also found that the agreement complied with the procedural requirements for the registration of enterprise agreements. Based on these findings, the Commission approved the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2023, which will now apply to the employees of Bluestone Mines Tasmania Joint Venture Pty Ltd.

Bluestone Mines Tasmania Joint Venture Pty Ltd T/A 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