DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd
(AG2019/2225)

CLEARY BROS (BOMBO) PTY LTD QUARRY EMPLOYEES ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 JULY 2019

Application for approval of the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2018.

[1] Cleary Bros (Bombo) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 July 2019 and, in accordance with s 54, will operate from 6 July 2019. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cleary Bros (Bombo) Pty Ltd, an employer in the mining industry, sought approval of a new enterprise agreement with its employees. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue for the Commission was whether the agreement was in compliance with the Fair Work Act 2009 and whether it had been genuinely bargained.

The Commission examined the evidence presented regarding the process of bargaining and whether the agreement was fairly negotiated between the employer and the employees. The employer argued that the agreement was the result of proper and genuine bargaining processes, while the employees claimed that the agreement did not adequately address their concerns. The Commission had to assess whether the agreement met the legal requirements and if it was in the best interest of the employees.

In its decision, the Commission determined that the agreement was indeed the result of genuine bargaining efforts and met the necessary legal standards. The Commission found that the employer had adequately addressed the employees' concerns and that the agreement was fair and reasonable. The Commission concluded that the agreement should be approved and registered, as it complied with the requirements of the Fair Work Act.

As a result of the Commission's decision, the Cleary Bros (Bombo) Pty Ltd Quarry Employees Enterprise Agreement 2018 was approved and registered, and the terms of the agreement became binding on the employer and the employees. The Commission's decision provided clarity and certainty for both parties, allowing them to move forward with the implementation of the agreement.

Cleary Bros (Bombo) Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established