Corridor Sands Pty Ltd

[2013] FWCA 9901

FAIR WORK COMMISSION

DECISION

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

Corridor Sands Pty Ltd
(AG2013/10012)

CORRIDOR SANDS PTY LTD ENTERPRISE AGREEMENT 2013

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 DECEMBER 2013

Application for approval of the Corridor Sands Pty Ltd Enterprise Agreement 2013.

[1] Corridor Sands Pty Ltd applies for approval of an enterprise agreement known as the Corridor Sands Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] On 16 December 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corridor Sands Pty Ltd was involved in a dispute concerning the approval of their Enterprise Agreement 2013. The matter was heard by the Fair Work Commission. The central issue in the case was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated terms and conditions and if it complied with the procedural requirements outlined in the Act.

The Fair Work Commission examined the agreement to ensure it included minimum terms as prescribed by the Act, such as provisions for minimum wages, entitlements, leave, and other employment conditions. The Commission also assessed if the agreement had been fairly and properly negotiated and if the necessary consultation processes were followed. The decision hinged on whether Corridor Sands Pty Ltd had demonstrated compliance with these legal obligations.

After careful consideration of the evidence and arguments presented, the Commission concluded that the Enterprise Agreement 2013 did not meet all the statutory requirements. The agreement was found to be deficient in certain aspects, failing to include specific mandated terms and failing to follow the required consultation processes. As a result, the application for approval was dismissed. The Commission's decision was based on the failure of the agreement to adhere to the legislative framework governing enterprise agreements in Australia.

The Fair Work Commission ordered that the application for approval of the Corridor Sands Pty Ltd Enterprise Agreement 2013 be dismissed. The decision highlighted the importance of ensuring that enterprise agreements are comprehensive and comply with all statutory requirements to be validly approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established