DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bulk Materials Australia Pty Ltd T/A SCE Recycling
(AG2019/968)

BULK MATERIALS AUSTALIA PTY LTD ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2019

Application for approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bulk Materials Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bulk Materials Australia Pty Ltd T/A SCE Recycling. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 6 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Bulk Materials Australia Pty Ltd T/A SCE Recycling, the Fair Work Commission was called upon to assess an application for the approval of a proposed enterprise agreement. The applicant, Bulk Materials Australia Pty Ltd, sought the approval of the Enterprise Agreement 2019, which was intended to regulate the terms and conditions of employment for its employees.

The legal issues before the Commission revolved around the provisions of the proposed agreement and whether they complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission was required to determine if the agreement was in the public interest, if it promoted workplace efficiency and productivity, and if it provided a safety net for employees.

The Commission meticulously reviewed the proposed agreement, considering the various provisions that impacted employees' terms and conditions. It evaluated whether the agreement met the statutory requirements for approval, including provisions relating to minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. After thorough consideration, the Commission found that the proposed agreement was in the public interest and aligned with the principles of the Fair Work Act. The Commission approved the agreement, acknowledging its potential to foster a productive and efficient workplace while ensuring a fair safety net for employees. This decision provides clarity and certainty for both the employer and employees regarding the terms and conditions of employment under the approved agreement.

Bulk Materials Australia Pty Ltd T/A SCE Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established