DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsands Pty Ltd
(AG2019/4344)

ALLSANDS ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 9 DECEMBER 2019

Application for approval of the Allsands Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Allsands Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allsands Pty Ltd. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allsands Pty Ltd recently appeared before the Fair Work Commission, in an application for approval of the Allsands Enterprise Agreement 2019. The applicant, Allsands Pty Ltd, sought to have the agreement certified as meeting the requirements of the Fair Work Act 2009. The agreement was proposed for employees within their organisation, aiming to regulate employment terms and conditions.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated, met the prescribed standards for enterprise agreements, and whether it adhered to the procedural fairness requirements. The Commission needed to assess if the agreement was reached through genuine bargaining, if it included mandatory provisions as per the Fair Work Act, and if the proper procedures for making the agreement were followed.

In its decision, the Commission found that the agreement was genuinely negotiated and met the necessary standards for enterprise agreements. The Commission acknowledged that the agreement contained all mandatory provisions and that the process followed adhered to procedural fairness. Consequently, the Commission approved the Allsands Enterprise Agreement 2019. The agreement was thus certified as meeting the requirements of the Fair Work Act 2009, allowing it to become legally binding on the employees and the employer.

Allsands Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established