Bluestone WA Pty Ltd as trustee for The Blackburn Trust T/A WA Profiling, WA Stabilising

[2018] FWCA 136

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bluestone WA Pty Ltd as trustee for The Blackburn Trust T/A WA Profiling, WA Stabilising

(AG2017/4131)

Bluestone (WA) Pty Ltd Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Gostencnik	MELBOURNE, 8 JANUARY 2018

Application for approval of the Bluestone (WA) Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Bluestone (WA) Pty Ltd 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 (WA) Pty Ltd as trustee for The Blackburn Trust T/A WA Profiling, WA Stabilising. The agreement is a single enterprise agreement.

The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 January 2018 and, in accordance with s.54, will operate from 15 January 2018. The nominal expiry date of the Agreement is 8 January 2021

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bluestone WA Pty Ltd as trustee for The Blackburn Trust T/A WA Profiling, WA Stabilising recently appeared before the Fair Work Commission in an application for the approval of the Bluestone (WA) Pty Ltd Enterprise Agreement 2017. The applicant sought to have the enterprise agreement approved by the Commission under section 233 of the Fair Work Act 2009. The dispute involved the interpretation and application of the Fair Work Act, specifically focusing on the procedural and substantive fairness of the agreement.

The central legal issues revolved around whether the agreement was appropriately negotiated and whether it contained all the required provisions as stipulated by the Fair Work Act. Additionally, the court had to consider whether the agreement met the criteria for being "fair" and whether it was in compliance with the statutory requirements for approval. The applicant argued that the agreement was fairly negotiated and contained all necessary provisions, while the respondent raised concerns about certain clauses and their compliance with the Act.

The Fair Work Commission found that the agreement was fairly negotiated and contained all the required provisions. The Commission emphasised the importance of procedural fairness in the negotiation process and noted that the applicant had followed the necessary steps to ensure that the agreement was negotiated in good faith. The Commission also found that the agreement was substantively fair, as it provided for reasonable terms and conditions of employment. The Court determined that the agreement was in compliance with the statutory requirements for approval under section 233 of the Fair Work Act.

Consequently, the Fair Work Commission approved the Bluestone (WA) Pty Ltd Enterprise Agreement 2017, subject to the terms and conditions set out in the approval order. The agreement was deemed to be in effect from the date of the approval, and the parties were required to comply with its terms. The Court's decision provided clarity on the application of the Fair Work Act in relation to the approval of enterprise agreements and reinforced the importance of procedural and substantive fairness in the negotiation process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established