DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corridor Sands Pty Ltd
(AG2016/6869)

CORRIDOR SANDS PTY LTD ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Corridor Sands Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Corridor Sands Pty Ltd Enterprise Agreement 2016 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

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 its 2016 Enterprise Agreement. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. The dispute centred around various clauses within the agreement, particularly those related to employee conditions, including working hours, leave entitlements, and dispute resolution mechanisms.

The central legal issue was whether the agreement contained any provisions that were contrary to the Fair Work Act or failed to comply with the FWC's guidelines for enterprise agreements. The FWC examined whether the agreement adequately provided for the terms and conditions of employment, including whether it met the "better-off-overall" test, ensuring that employees were no worse off than under the applicable award or general law. Additionally, the FWC assessed if the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the FWC found that the majority of the agreement's provisions were consistent with the Fair Work Act and met the necessary standards for approval. The FWC acknowledged the agreement's efforts to provide fair and reasonable terms for employees while considering the operational needs of Corridor Sands Pty Ltd. The FWC approved the agreement, noting that while some minor adjustments were recommended, these did not detract from the overall compliance and fairness of the agreement. The final orders included the approval of the 2016 Enterprise Agreement, subject to the minor adjustments proposed by the FWC.

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