DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunmore Sand & Soil Pty Ltd T/A Dunmore Sand & Soil
(AG2020/147)

DUNMORE SAND & SOIL ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 APRIL 2020

Application for approval of the Dunmore Sand & Soil Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Dunmore Sand & Soil Enterprise Agreement 2019 (‘the Agreement’). The application was made by Dunmore Sand & Soil Pty Limited T/A Dunmore Sand & Soil (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Dunmore Sand & Soil Pty Ltd, trading as Dunmore Sand & Soil, which applied for approval of the Dunmore Sand & Soil Enterprise Agreement 2019. The application was heard in the Fair Work Commission, where the primary dispute centred around the fairness and appropriateness of the proposed enterprise agreement. This agreement is intended to govern the employment terms and conditions of the employees of Dunmore Sand & Soil.

The court was tasked with determining whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009. Specifically, the court had to assess if the agreement provided for fair and appropriate terms and conditions, whether it was free from coercion, and if it was made in good faith. Additionally, the court needed to consider submissions from the involved parties and any relevant evidence presented to ensure that the agreement complied with the legislative framework governing enterprise agreements.

In examining the evidence, the Fair Work Commission found that the Dunmore Sand & Soil Enterprise Agreement 2019 was fair and appropriate. The agreement was considered to provide for terms and conditions that were consistent with industry standards and the economic circumstances of the parties. The court concluded that the agreement was not made under conditions of unfairness and was the product of good faith bargaining. Consequently, the application for approval was granted, and the agreement was registered.

The final orders of the Fair Work Commission included the approval and registration of the Dunmore Sand & Soil Enterprise Agreement 2019, effective from the date of the decision. The agreement was to govern the employment terms and conditions of the employees of Dunmore Sand & Soil until such time as it was superseded by a new agreement or terminated in accordance with the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established