DECISION

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

Aus-Ten Rhyolite Pty Ltd
(AG2015/4834)

AUS-10 RHYOLITE PTY LTD PLANT QUARRY WORKERS AND TRADESPERSON ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 SEPTEMBER 2015

Application for approval of the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[3] 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.

[4] The Agreement is approved and will operate from 1 December 2015. The nominal expiry date of the Agreement is 1 december 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aus-Ten Rhyolite Pty Ltd applied to the Fair Work Commission for approval of the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2015. The applicants, represented by the employer, argued that the agreement was made in good faith and contained terms that were fair and reasonable. The respondent, represented by the union, contended that the agreement did not meet the statutory requirements and was not made in good faith.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, contained terms that were fair and reasonable, and if it complied with the relevant sections of the Act. The Commission examined the bargaining process, the terms of the agreement, and the evidence provided by both parties.

The Fair Work Commission found that the agreement was made in good faith and contained terms that were fair and reasonable. The Commission noted that the bargaining process was conducted in a transparent and genuine manner, and the terms of the agreement were consistent with industry standards. The Commission also found that the agreement complied with the statutory requirements of the Fair Work Act 2009. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2015. The decision provides guidance to employers and unions on the requirements for approving enterprise agreements and the importance of good faith bargaining.

Aus-Ten Rhyolite 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