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Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil

Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil

Case [2022] FWCA 3896

Appeal

Contract Formation

Breach of Contract

Employment & Labour Law

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[2022] FWCA 3896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil

(AG2022/4511)

Dunmore Sand & Soil Enterprise Agreement 2021

Quarrying industry
COMMISSIONER MCKINNON	SYDNEY, 8 NOVEMBER 2022

Application for approval of the Dunmore Sand & Soil Enterprise Agreement 2021

Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil has applied for approval of a single enterprise agreement known as the Dunmore Sand & Soil Enterprise Agreement 2021 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil [2022] FWCA 3896
Case: [2022] FWCA 3896
Decision Date: 8 NOVEMBER 2022

CaseChat Overview and Summary

Dunmore Sand & Soil Pty Limited, trading as Dunmore Sand & Soil, filed an application for the approval of the Dunmore Sand & Soil Enterprise Agreement 2021. The application was made to the Fair Work Commission, which is the tribunal responsible for resolving workplace disputes in Australia. The matter involved an enterprise agreement that sought to regulate the terms and conditions of employment for employees of Dunmore Sand & Soil.

The legal issues before the Commission were primarily whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission needed to determine if the agreement was sufficiently comprehensive, included all mandatory terms, and was fairly negotiated.

In considering the application, the Commission examined the submissions made by the parties and the evidence provided. The Commission noted that the agreement contained all the mandatory terms and that the parties had engaged in good faith negotiations. The Commission also considered the views of the employees, as well as the overall fairness and reasonableness of the agreement. Ultimately, the Commission was satisfied that the agreement met all statutory requirements and was approved the agreement.

Consequently, the Commission made an order approving the Dunmore Sand & Soil Enterprise Agreement 2021, which would now govern the employment terms and conditions of the relevant employees. The approval ensured that the agreement would be legally binding and enforceable under the Fair Work Act.

Orders