| [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
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
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
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.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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
<AE526689 PR781057>
ANNEXURE A
- AGLC
- Dylan Nagle T/A Karuah East Quarry Pty Limited [2024] FWCA 3903
- Case
- [2024] FWCA 3903
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act 2009. Key points of contention included the classification of certain roles, provisions regarding overtime, and the overall fairness of the terms and conditions outlined in the agreement. The unions argued that the agreement failed to adequately protect employee rights and interests.
The Fair Work Commission found that the agreement, while containing some areas of concern, overall served the best interests of the employees. The Commission emphasised the importance of maintaining a balance between the needs of the business and the rights of employees. It noted that the agreement provided for reasonable working conditions and adequate protections for employees. The Commission concluded that the benefits of approving the agreement outweighed the objections raised by the unions.
The Fair Work Commission approved the Hunter Quarries Enterprise Agreement 2024, subject to certain conditions and clarifications regarding specific provisions. This decision was based on the Commission's determination that the agreement was fair and balanced, and in the best interests of the employees. The unions' objections were not sufficient to prevent approval of the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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