Allsands Pty Ltd

[2025] FWCA 2149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allsands Pty Ltd

(AG2025/1791)

ALLSANDS ENTERPRISE AGREEMENT 2025

Quarrying industry
COMMISSIONER CRAWFORD	SYDNEY, 1 JULY 2025

Application for approval of the Allsands Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Allsands Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Allsands Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allsands Pty Ltd was a party in an application brought before the Fair Work Commission, seeking approval for the Allsands Enterprise Agreement 2025. The application was lodged by the employer, Allsands, which aimed to implement changes to the employment terms and conditions of its employees. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which represented some of the employees and contested various provisions within the proposed agreement.

The central legal issues before the Commission involved whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, whether it contained the mandated minimum terms and conditions, and if it adhered to other statutory obligations. Additionally, the Commission had to consider the fairness of the proposed changes, particularly in light of the union's objections.

In its decision, the Fair Work Commission thoroughly examined the negotiation process and the contents of the agreement. The Commission found that the agreement was genuinely negotiated, as evidenced by the submissions and the process followed. The Commission also concluded that the agreement contained all the required minimum terms and conditions and was fair and reasonable. Considering the union's objections, the Commission held that the proposed changes were justified and would not detrimentally impact the employees. Consequently, the Fair Work Commission approved the Allsands Enterprise Agreement 2025, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established