DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluestone Mines Tasmania Pty Ltd T/A Bluestone Mines JV Pty Ltd
(AG2015/2501)

THE BLUESTONE MINES TASMANIA JV ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 MAY 2015

Application for approval of the Bluestone Mines Tasmania JV Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Bluestone Mines Tasmania JV Enterprise Agreement 2015 (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 Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 May 2015 and, in accordance with s.54 of the Act, will operate from 11 May 2015. The nominal expiry date of the Agreement is 1 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bluestone Mines Tasmania Pty Ltd, trading as Bluestone Mines Joint Venture Pty Ltd, applied for the approval of the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2015. The applicant sought to have the agreement registered under the Fair Work Act 2009, as it had been negotiated with the employees' union and was intended to govern the terms and conditions of employment for the workforce. The dispute centred on whether the agreement complied with the statutory requirements for approval and whether it appropriately balanced the interests of the employees and the employer.

The central legal issues before the Commission were whether the agreement was a "good faith" bargain, as required by the Fair Work Act, and whether it complied with the procedural and substantive fairness standards. The Commission needed to determine if the agreement was made in good faith, if it was fair and reasonable in all its terms, and if the negotiation process adhered to the necessary protocols. Additionally, the Commission considered whether the agreement met the specific requirements outlined in the Fair Work Regulations, including the provision of adequate notice and the opportunity for employee representation.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was negotiated in good faith and was fair and reasonable. The Commission determined that the negotiation process was transparent and that the employees had adequate opportunity to be represented. The agreement was found to comply with all statutory requirements and adequately balanced the interests of both the employer and the employees. Consequently, the Commission approved the Bluestone Mines Tasmania Joint Venture Enterprise Agreement 2015 and ordered its registration under the Fair Work Act.

Bluestone Mines Tasmania Pty Ltd T/A Bluestone Mines JV Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established