Bluestone Resource Services Pty Ltd

[2013] FWCA 5530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bluestone Resource Services Pty Ltd
(AG2013/1945)

BLUESTONE RESOURCE SERVICES PTY LTD NSW OPERATORS AND SKILLED LABOUR ENTERPRISE AGREEMENT 2013

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 AUGUST 2013

Application for approval of the Bluestone Resource Services Pty Ltd NSW Operators and Skilled Labour Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bluestone Resource Services Pty Ltd NSW Operators and Skilled Labour 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 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 August 2013. The nominal expiry date of the Agreement is 7 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bluestone Resource Services Pty Ltd sought approval of its NSW Operators and Skilled Labour Enterprise Agreement 2013. The application was made to the Fair Work Commission, which had the jurisdiction to approve the agreement under the Fair Work Act 2009. The application was contested by various unions who argued the agreement did not meet the criteria for approval as it did not ensure fairness for employees.

The primary legal issue before the Commission was whether the agreement contained all the terms and conditions of employment for the employees covered by the agreement and if it ensured fairness for those employees. The unions argued that the agreement failed to provide adequate protections for employees in several areas, including minimum rates of pay, leave entitlements, and redundancy provisions. The employer contended that the agreement was fair and met the requirements of the Act.

The Commission found that the agreement contained all the terms and conditions of employment and provided adequate protections for employees. The Commission noted that the agreement provided for minimum rates of pay that were above the award rates, as well as additional benefits such as paid parental leave and flexible working arrangements. The Commission also found that the agreement provided for fair redundancy provisions that were consistent with industry standards. The Commission approved the agreement, finding that it ensured fairness for employees and met the requirements of the Act.

The Commission made an order approving the Bluestone Resource Services Pty Ltd NSW Operators and Skilled Labour Enterprise Agreement 2013. The unions were granted leave to appeal the decision to the Federal Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established