Aus-10 Rhyolite Pty Ltd T/A Aus-10 Rhyolite Pty Ltd

[2022] FWCA 2948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aus-10 Rhyolite Pty Ltd T/A Aus-10 Rhyolite Pty Ltd

(AG2022/2462)

AUS-10 RHYOLITE PTY LTD HARD ROCK QUARRY WORKERS ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 26 AUGUST 2022

Application for approval of the Aus-10 Rhyolite Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2022

Aus-10 Rhyolite Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Aus-10 Rhyolite Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

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.

National Employment Standards

I observe that clauses 7.1, 7.3, and 7.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Approval

The Agreement is approved. Clause 1.3 of the Agreement states that the Agreement will commence from the first full pay period after the date of approval. The Employer advised that it operates a fortnightly pay period and the next pay period commences on Wednesday 7 September 2022.

Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the Act, the Agreement will operate from Tuesday 6 September 2022. The nominal expiry date of the Agreement is 26 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant company, Aus-10 Rhyolite Pty Ltd, trading as Aus-10 Rhyolite Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The dispute concerned the terms and conditions of employment for workers at the company's hard rock quarry. The company sought the agreement's endorsement to ensure compliance with federal workplace laws and to provide a stable employment framework. The Fair Work Commission was the judicial body tasked with examining the application.

The primary legal issues revolved around whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for "avoiding unreasonable discrimination" and "providing for the proper operation of businesses." Additionally, the court had to ensure that the agreement did not undermine the safety and health of the employees and complied with the provisions for employee representation.

In examining the application, the Commission considered the fairness and practicality of the proposed terms and conditions. The agreement was scrutinised to ensure it aligned with the Fair Work Act's objectives of promoting high levels of employment and enhancing workplace relations. The Commission found that the agreement provided adequate protections and benefits for the employees while allowing the company to operate effectively. After careful consideration, the Commission approved the enterprise agreement, recognising its compliance with the necessary legal standards.

The Fair Work Commission ordered the approval of the Aus-10 Rhyolite Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered and binding on all parties involved, ensuring a fair and legally compliant framework for employment at the quarry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established