DECISION

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

Dundowran Blue Metal Quarries Pty Ltd
(AG2015/1999)

DUNDOWRAN BLUE METAL QUARRIES PTY LTD HERVEY BAY CONCRETE, QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2015

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 APRIL 2015

Application for approval of the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay Concrete, Quarry and Transport Enterprise Agreement 2015.

[1] Dundowran Blue Metal Quarries Pty Ltd applies for approval of an enterprise agreement known as the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay Concrete, Quarry and Transport Enterprise Agreement 2015 (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] On 16 April 2015 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date of the Agreement is 24 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dundowran Blue Metal Quarries Pty Ltd, an employer, applied for the approval of the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay Concrete, Quarry and Transport Enterprise Agreement 2015. This application was made to the Fair Work Commission (FWC) by the Australian Building and Construction Commission (ABCC), the entity responsible for seeking the approval of the agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees. The nature of the dispute was whether the terms and conditions of the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the FWC was required to decide included whether the agreement had been made in accordance with the provisions of the Fair Work Act, specifically if it was made in good faith, and if the agreement had been properly negotiated. Additionally, the court needed to determine whether the agreement contained all the mandated terms, and if it was fair and reasonable. The FWC examined if the agreement provided for appropriate minimum rates of pay, leave entitlements, and other benefits that were consistent with industry standards.

The FWC found that the enterprise agreement was made in good faith and that the negotiation process was proper. The agreement was deemed to contain all the mandated terms and was fair and reasonable. The court held that the agreement provided for minimum rates of pay and other benefits that were consistent with industry standards. Consequently, the FWC approved the application for the agreement's approval. The CFMEU's opposition was dismissed, and the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay Concrete, Quarry and Transport Enterprise Agreement 2015 was approved by the FWC.

Dundowran Blue Metal Quarries 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