Corridor Sands Pty Ltd

[2019] FWCA 5254

[2019] FWCA 5254

FAIR WORK COMMISSION

DECISION

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

Corridor Sands Pty Ltd
(AG2019/1967)

CORRIDOR SANDS PTY LTD ENTERPRISE AGREEMENT 2019

Quarrying industry
COMMISSIONER SPENCER	BRISBANE, 29 JULY 2019

Application for approval of the Corridor Sands Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Corridor Sands 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 Corridor Sands Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that ‘the Agreement covers employees engaged in the performance of extraction, processing, storage distribution and sale of sand and quarried materials and related works’. Clause 6.1 of the Agreement (Classification Structure and Wage Rates) includes the classification of Administration Clerk. The Applicant submitted that this classification is properly included as one covered by the Agreement as the position is multi-skilled, requiring the employee to operate plant machinery as well as perform administrative duties. The Applicant submitted that the position is similar to the ‘Weighbridge Operation’ classification under the Quarrying Award 2010 which involves the administration work of ordering and sales of quarry material, therefore the appropriate Award for comparison in under taking the Better Off Overall Test is the Quarrying Award 2010.

[3] Subject to concerns that have been addressed by way of undertakings, 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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