DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Limited T/A Penrice Quarry & Minerals
(AG2018/4583)

PENRICE QUARRY & MINERAL ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2018

Application for approval of the Penrice Quarry & Mineral Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Penrice Quarry & Mineral 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 Adelaide Brighton Cement Limited T/A Penrice Quarry & Minerals. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 5 December 2018 and, in accordance with s.54, will operate from 12 December 2018. The nominal expiry date of the Agreement is 31 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Adelaide Brighton Cement Limited trading as Penrice Quarry & Minerals, the Fair Work Commission (FWC) considered an application for the approval of the Penrice Quarry & Minerals Enterprise Agreement 2018. The dispute arose between the employer and the relevant employee unions concerning the terms and conditions of employment, particularly in relation to wages, working conditions, and other employment benefits.

The legal issues before the FWC included whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the FWC had to determine if the agreement was in the public interest and if it provided for procedural fairness in the resolution of disputes between the employer and employees.

The FWC examined the application and submissions from both parties, considering the evidence provided on the proposed terms and conditions. The FWC noted that the agreement was the product of extensive bargaining and reflected a compromise between the parties. It was satisfied that the agreement provided for procedural fairness, as it included mechanisms for resolving disputes and ensuring that employees' rights were protected. The FWC also found that the agreement met the requirements of the Fair Work Act and was in the public interest. After careful consideration, the FWC approved the Penrice Quarry & Minerals Enterprise Agreement 2018, deeming it to be a fair and reasonable agreement for the employees.

Adelaide Brighton Cement Limited T/A Penrice Quarry & Minerals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established