DECISION

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

Cleary Bros (Bombo) Pty Ltd
(AG2015/6448)

CLEARY BROS (BOMBO) PTY LTD QUARRY EMPLOYEES ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 30 OCTOBER 2015

Application for approval of the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Quarry Employees 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 The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 6 November 2015. The nominal expiry date of the Agreement is 5 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd applied to the Fair Work Commission for approval of the Quarry Employees Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on whether the proposed enterprise agreement contained provisions that complied with the requirements of Australian labour law, particularly in relation to the provisions for employee entitlements and procedural fairness.

The court was required to examine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it met the standards of procedural fairness. Additionally, the court considered whether the agreement provided adequate protections and entitlements for employees, including minimum wage rates, leave provisions, and other employment conditions.

The Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. The Commission held that the agreement was made in good faith, was free from coercion and undue influence, and met the standards of procedural fairness. The Commission also determined that the agreement provided adequate protections and entitlements for employees, including compliance with minimum wage rates and other employment conditions. Consequently, the application for approval was successful, and the Quarry Employees Enterprise Agreement 2015 was approved.

Cleary Bros (Bombo) 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