Aus-10 Rhyolite Pty Ltd Summary

[2013] FWCA 5021

FAIR WORK COMMISSION

DECISION

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

Aus-10 Rhyolite Pty Ltd
(AG2013/7629)

AUS-10 RHYOLITE PTY LTD TINDA CREEK QUARRY OPERATIONS ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 24 JULY 2013

Application for approval of the Aus-10 Rhyolite Pty Ltd Tinda Creek Quarry Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Aus-10 Rhyolite Pty Ltd Tinda Creek Quarry Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 and will operate from 31 July 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Aus-10 Rhyolite Pty Ltd Tinda Creek Quarry Operations Enterprise Agreement 2013 was heard by the Fair Work Commission (FWC). The applicant, Aus-10 Rhyolite Pty Ltd, sought approval of the enterprise agreement (EA) under section 231 of the Fair Work Act 2009. The applicant’s employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions outlined in the proposed EA, specifically concerning the working hours and the process for negotiating future agreements.

The key legal issues that the FWC needed to address were whether the EA met the requirements for approval under the Fair Work Act and if the agreement was made in good faith. Additionally, the FWC examined if the process for negotiating the EA was appropriate and if the EA provided fair and reasonable terms and conditions for the employees. The FWC also considered the arguments regarding whether the proposed EA adequately protected the employees' rights and interests.

The FWC found that the EA was made in good faith and the negotiation process was appropriate. The FWC noted that the agreement provided for fair and reasonable terms and conditions for the employees and was not contrary to the public interest. The FWC concluded that the proposed EA complied with the requirements of the Fair Work Act and approved the EA. The FWC found that the EA met the standard of being ‘better off, overall, and not worse off’ for the employees and that it provided adequate protections for their rights and interests.

The FWC approved the Aus-10 Rhyolite Pty Ltd Tinda Creek Quarry Operations Enterprise Agreement 2013, subject to certain modifications. The modifications included changes to the working hours and the process for negotiating future agreements to ensure that the employees' rights and interests were adequately protected. The FWC also made orders for the registration of the EA under section 173 of the Fair Work Act.

Aus-10 Rhyolite Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established