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

[2022] FWCA 2110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/1766)

Aus-10 Rhyolite Pty Ltd Sand Quarry Workers Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 JUNE 2022

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

An application has been made for approval of an enterprise agreement to be known as the Aus-10 Rhyolite Pty Ltd Sand Quarry Workers Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Aus-10 Rhyolite Pty Ltd T/A Aus-10 Rhyolite Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 27 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2022. The nominal expiry date of the Agreement is 27 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aus-10 Rhyolite Pty Ltd, trading as Aus-10 Rhyolite Pty Ltd, sought approval of the Sand Quarry Workers Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The dispute centred on whether the enterprise agreement complied with the relevant federal legislation and whether it had been properly negotiated. The applicant argued that the agreement was fair and reasonable, while the objector raised concerns about certain clauses.

The legal issues before the Commission involved determining if the agreement was a "bargaining agreement" as defined in the Fair Work Act, whether it complied with the mandatory provisions of the Fair Work Regulations, and if it had been genuinely negotiated. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the requirements of the law.

The Commission considered the arguments from both parties, reviewing the content and negotiation process of the agreement. It found that the agreement met the legal criteria for approval, including its compliance with the mandatory provisions and its negotiation process. The Commission determined that the terms and conditions were fair and reasonable, taking into account the nature of the work and the bargaining positions of the parties. Consequently, the Commission approved the enterprise agreement.

The Commission issued a certificate of approval for the Sand Quarry Workers Enterprise Agreement 2022, confirming its compliance with the Fair Work Act and Regulations. The agreement was deemed to be in effect from the date of the certificate.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established