DECISION

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

Dunmore Sand & Soil Pty Ltd
(AG2014/10523)

DUNMORE SAND & SOIL ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 JANUARY 2015

Application for approval of the Dunmore Sand & Soil Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dunmore Sand & Soil Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 16 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunmore Sand & Soil Pty Ltd applied for the approval of the Dunmore Sand & Soil Enterprise Agreement 2014, which was to be assessed by the Fair Work Commission. The applicant, Dunmore Sand & Soil, sought the agreement's approval under the Fair Work Act 2009, aiming to ensure its employees were covered by a modern award while maintaining certain conditions of employment.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act, particularly concerning the provisions for minimum entitlements, procedural fairness, and the avoidance of unnecessary complexity. The Commission needed to determine if the agreement met the criteria for "better off overall" and if it adhered to the principles of procedural fairness as required by the Act.

The Fair Work Commission found that the proposed agreement met the statutory requirements and would result in employees being better off overall. The Commission was satisfied that the agreement provided for minimum entitlements as per the modern award, did not introduce unnecessary complexity, and maintained procedural fairness. Consequently, the Commission approved the Dunmore Sand & Soil Enterprise Agreement 2014.

The final orders of the Commission were that the Dunmore Sand & Soil Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's approval and would cover all employees of Dunmore Sand & Soil.

Dunmore Sand & Soil 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