Allsands Pty Ltd

[2022] FWCA 4354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allsands Pty Ltd

(AG2022/4928)

Allsands Enterprise Agreement 2022

Quarrying industry
COMMISSIONER MCKINNON	SYDNEY, 12 DECEMBER 2022

Application for approval of the Allsands Enterprise Agreement 2022

Allsands Pty Ltd has applied for approval of a single enterprise agreement known as the Allsands Enterprise Agreement 2022 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 19 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Allsands Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was over the approval of the Allsands Enterprise Agreement 2022, which was submitted to the Fair Work Commission for endorsement. The court was tasked with determining whether the agreement met the necessary legal standards and if it was fair and reasonable for all parties involved.

The central legal issues the court had to address were whether the agreement was genuinely a product of genuine bargaining and whether it contained all the necessary terms as required by the Fair Work Act. Additionally, the court had to consider whether the agreement provided adequate protections and benefits to the employees and if it complied with the statutory requirements for enterprise agreements.

The court meticulously examined the negotiation process and found that the agreement was indeed a genuine product of bargaining. The court also found that all mandatory terms were included in the agreement, and it provided fair and reasonable protections and benefits to the employees. The court concluded that the agreement complied with all legal requirements and was therefore approved. The court's decision was based on a detailed analysis of the bargaining process, the contents of the agreement, and the statutory requirements under the Fair Work Act.

As a result of the court's decision, the Allsands Enterprise Agreement 2022 was approved, and it became legally binding on all parties involved. The agreement will now govern the terms and conditions of employment between Allsands Pty Ltd and its employees represented by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established