Dylan Nagle T/A Karuah East Quarry Pty Limited

[2024] FWCA 3903

[2024] FWCA 3903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dylan Nagle T/A Karuah East Quarry Pty Limited

(AG2024/3750)

HUNTER QUARRIES ENTERPRISE AGREEMENT 2024

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 NOVEMBER 2024

Application for approval of the Hunter Quarries Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement to be known as the Hunter Quarries Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dylan Nagle T/A Karuah East Quarry Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 31 October 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020, Manufacturing and Associated Industries and Occupations Award 2020, and Road Transport and Distribution Award 2020 and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 8 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A