DECISION

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

Aus-Ten Rhyolite Pty Ltd
(AG2015/4131)

AUS-10 RHYOLITE PTY LTD TINDA CREEK OPERATIONS ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 JULY 2015

Application for approval of the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2015 (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 5 August 2015. The nominal expiry date of the Agreement is 1 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Aus-Ten Rhyolite Pty Ltd involved an application for approval of the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2015. The applicant, Aus-Ten Rhyolite Pty Ltd, sought approval of the agreement from the Fair Work Commission. The agreement was between the company and its employees, covering terms of employment including wages, hours of work, and other conditions. The dispute arose when certain employee representatives contested the validity of the agreement, prompting the application to the Commission for its approval.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant statutory requirements and if it had been genuinely negotiated between the parties. The court had to consider whether the agreement covered the necessary aspects of employment, including the minimum terms set out in the Fair Work Act 2009, and if the process of negotiation and agreement was conducted in good faith. The court also needed to examine whether the agreement met the criteria for being a simple, single-enterprise agreement and if it had been properly registered.

In reaching its decision, the court examined the content and process of the agreement. The court found that the agreement covered all necessary minimum terms and was negotiated in good faith. The agreement was deemed to be a simple, single-enterprise agreement and had been appropriately registered. The court concluded that the agreement complied with all statutory requirements and was therefore valid. The court approved the Aus-10 Rhyolite Pty Ltd Tinda Creek Operations Enterprise Agreement 2015, affirming its legitimacy and applicability.

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