DECISION

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

Adelaide Brighton Cement Limited T/A Penrice Quarry & Minerals
(AG2015/2826)

PENRICE QUARRY & MINERAL ENTERPRISE AGREEMENT 2015-2018

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 4 JUNE 2015

Application for approval of the Penrice Quarry & Mineral Enterprise Agreement 2015-2018.

[1] An application for approval of an enterprise agreement known as the Penrice Quarry & Mineral Enterprise Agreement 2015-2018 (the Agreement) has been made by Adelaide Brighton Cement Ltd T/A Penrice Quarry & Minerals (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) of the Act and clause 1.3.1 of the Agreement, the Agreement will operate from the first full pay period to commence on or after 11 June 2015. The nominal expiry date of the Agreement is 30 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Penrice Quarry & Mineral Enterprise Agreement 2015-2018, which had been negotiated between Adelaide Brighton Cement Limited and a number of unions representing the employees of Penrice Quarry & Minerals. The unions sought approval of the agreement under section 231 of the Fair Work Act 2009, while the employer opposed the application on various grounds, including concerns about the agreement's impact on productivity and competitiveness. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it facilitated the achievement of a productive workplace relationship.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement facilitated the achievement of a productive workplace relationship, as mandated by section 235(1)(a) of the Act. This involved assessing whether the agreement provided for a fair and efficient workplace, allowed for the flexible management of the workforce, and did not impose undue burdens on the employer. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, including their right to be free from unfair dismissal.

In reaching its decision, the Commission examined the terms of the proposed agreement and the submissions made by both parties. It considered the evidence presented regarding the agreement's impact on productivity, competitiveness, and workplace relations. The Commission noted that the agreement included provisions for flexible working arrangements, which it found would facilitate a productive workplace relationship. It also found that the agreement adequately protected employees' rights and interests, including provisions for dispute resolution and minimum terms of employment. Based on this analysis, the Commission concluded that the agreement met the statutory criteria for approval and facilitated the achievement of a productive workplace relationship. Accordingly, the application for approval was granted.

The Fair Work Commission approved the Penrice Quarry & Mineral Enterprise Agreement 2015-2018, finding that it met the statutory criteria for approval under section 235 of the Fair Work Act. The agreement was deemed to facilitate the achievement of a productive workplace relationship, and it was approved for operation from the date of the Commission's decision. The employer and unions were directed to take all necessary steps to give effect to the agreement, including implementing its terms and conditions. The decision provided certainty and stability to the workplace, ensuring that both parties could operate within a clear and agreed-upon framework for the duration of the agreement.

Adelaide Brighton Cement Limited T/A Penrice Quarry & Minerals

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established