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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CaseChat Overview and Summary

Corridor Sands Pty Ltd, an employer, applied to the Fair Work Commission (FWC) for the approval of the Corridor Sands Pty Ltd Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, which requires the FWC to consider whether the agreement meets certain criteria, including that it provides for the direct disapplication of a relevant award. The dispute was heard by Commissioner Parker, who was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issues in the case were whether the agreement provided for the direct disapplication of a relevant award, whether the agreement was in accordance with the good faith bargaining requirements, and whether the agreement contained any provisions that were contrary to public policy. The Commission needed to examine the terms of the agreement and the bargaining process to ensure that it was made in good faith and did not contain any provisions that would be contrary to public policy.

The FWC found that the agreement did provide for the direct disapplication of a relevant award and that it was made in accordance with the good faith bargaining requirements. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The FWC noted that the agreement contained provisions that were beneficial to the employees, such as increased pay rates and improved leave entitlements. The Commission was satisfied that the agreement was made in good faith and that it met the legal requirements for approval.

The FWC approved the Corridor Sands Pty Ltd Enterprise Agreement 2019, finding that it met the legal requirements for approval. The Commission found that the agreement provided for the direct disapplication of a relevant award, was made in accordance with the good faith bargaining requirements, and did not contain any provisions that were contrary to public policy. The approval of the agreement means that it will now be binding on the parties and will regulate the terms and conditions of employment for the employees covered by the agreement.

Corridor Sands 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