DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IVE Employment (Australia) Pty Ltd T/A Blue Star DIRECT
(AG2018/6131)

BLUE STAR DIRECT QLD OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2018

Graphic Arts
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 17 APRIL 2019

Application for approval of the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IVE Employment (Australia) Pty Ltd T/A Blue Star DIRECT. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 17 April 2019 and, in accordance with s.54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 24 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

IVE Employment (Australia) Pty Ltd, trading as Blue Star DIRECT, applied for approval of the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018 before the Fair Work Commission. The application followed negotiations between the employer and the employees' representatives, aiming to establish terms and conditions for the workforce. The primary issue before the Commission was whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues included whether the agreement provided for a fair and efficient workplace, if it was free from coercion and undue influence, and if it adhered to the procedural requirements. The Commission had to scrutinise the agreement's provisions to ensure it complied with the minimum entitlements set out in the relevant award or safety net award. Additionally, the Commission examined if the agreement had been genuinely negotiated and if it contained appropriate dispute resolution mechanisms.

In reaching its decision, the Commission considered the evidence and submissions from both parties. It found that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement provided for a fair and efficient workplace and was free from coercion and undue influence. It also confirmed that the agreement complied with the minimum entitlements and procedural requirements under the Fair Work Act. Consequently, the Commission approved the Blue Star DIRECT QLD Operations Employees Enterprise Agreement 2018.

The final orders of the Commission included the approval of the enterprise agreement, with the specific terms and conditions outlined in the document. The agreement was to be registered with the Fair Work Commission, and the employer was directed to provide a copy of the agreement to each employee covered by it.

IVE Employment (Australia) Pty Ltd T/A Blue Star DIRECT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established