Carroll Resources Pty Ltd Summary

[2013] FWCA 2750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carroll Resources Pty Ltd
(AG2013/4779)

CARROLL RESOURCES ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER CRIBB	MELBOURNE, 3 MAY 2013

Application for approval of the Carroll Resources Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Carroll Resources Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carroll Resources Pty Ltd. 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] An undertaking has been given with respect to clauses 3.10(c), 15.1(c), 15.3, 21.5, 30, and Minimum Wage Schedule A to E inclusive, of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 3 May 2013 and, in accordance with s.54 of the Act, will operate from 10 May 2013. The nominal expiry date of the Agreement is 2 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Carroll Resources Pty Ltd, the applicant, and the Fair Work Commission, the respondent, the matter before the court involved an application for the approval of the Carroll Resources Enterprise Agreement 2013. The applicant sought the court's endorsement of the proposed agreement, which had been negotiated between the employer and the employees' representatives. The legal issues the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided for the minimum entitlements of the employees as prescribed by the Act.

The court examined the provisions of the agreement, focusing on whether it covered all mandatory terms as required by the Fair Work Act, including minimum rates of pay, penalty rates, maximum hours of work, and other employment conditions. The court also assessed whether the agreement complied with procedural fairness by ensuring the employees had a genuine opportunity to be involved in the negotiation process. In its reasoning, the court found that the agreement was comprehensive and adequately addressed all the mandatory terms. Furthermore, the court was satisfied that the negotiation process had been conducted in a manner that was fair and transparent, giving employees a genuine opportunity to participate.

Consequently, the court approved the Carroll Resources Enterprise Agreement 2013, recognising it as meeting the statutory requirements and providing for the minimum entitlements of the employees. The court's decision was grounded in the belief that the agreement would facilitate a balanced and equitable relationship between the employer and employees, while also ensuring compliance with the Fair Work Act. The approval of the agreement was seen as a step towards maintaining industrial harmony and addressing the needs of both parties involved.

Carroll Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established