Corridor Sands Pty Ltd

[2022] FWCA 2702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corridor Sands Pty Ltd

(AG2022/3214)

Corridor Sands Pty Ltd Enterprise Agreement 2022

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 AUGUST 2022

Application for approval of the Corridor Sands Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Corridor Sands Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corridor Sands Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corridor Sands Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, entered into between the company and its employees, aimed to set out terms and conditions of employment. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued the agreement failed to comply with statutory provisions. The Fair Work Commission, led by Commissioner Smith, was tasked with determining the validity of the application.

The central issue before the court was whether the enterprise agreement met the legal requirements for approval. Specifically, the court had to assess if the agreement provided for fair and reasonable terms and conditions, as mandated by the Fair Work Act 2009. The court also needed to consider if the agreement was genuinely negotiated between the parties and if it provided for adequate protections for employees. The union's arguments focused on various provisions they claimed did not align with the legislative standards.

After reviewing the evidence and submissions from both parties, the court found that the agreement was generally fair and reasonable. The union's concerns about certain provisions were largely addressed through the negotiation process, and the majority of the agreement complied with the statutory requirements. Commissioner Smith concluded that the agreement met the necessary criteria for approval, noting the importance of balancing the rights of employers and employees. The court approved the Corridor Sands Pty Ltd Enterprise Agreement 2022, allowing it to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established