DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E. B Mawson & Sons Pty Ltd T/A Mawsons
(AG2018/2535)

E.B MAWSON AND SONS QUARRY & CONCRETE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 5 OCTOBER 2018

Application for approval of the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E. B Mawson & Sons Pty Ltd T/A Mawsons. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Transport Workers’ Union of Australia and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved E. B Mawson & Sons Pty Ltd, trading as Mawsons, which sought approval of the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, specifically section 232, which allows for the registration of an enterprise agreement if certain criteria are met. The dispute centred on whether the agreement complied with the legal requirements and if it provided for the fair treatment of employees.

The court needed to determine if the agreement met the statutory requirements under the Fair Work Act and whether it contained the necessary provisions for employee protection and fairness. Key issues included the agreement's compliance with minimum terms and conditions, the proper consultation process, and whether it was appropriately registered. Additionally, the court assessed if the agreement was free from any invalid or unenforceable provisions.

After reviewing the evidence and arguments presented, the court found that the agreement was in compliance with the legal standards set by the Fair Work Act. The agreement was deemed to be fair and balanced, providing adequate protections and benefits for the employees. The court also confirmed that the necessary consultation process had been followed, and the agreement was appropriately registered. Consequently, the court approved the enterprise agreement.

The final orders confirmed the approval of the E.B Mawson and Sons Quarry & Concrete Enterprise Agreement 2018, allowing it to be registered and enforceable under the Fair Work Act. The court's decision provided clarity and legal certainty regarding the terms and conditions of employment for the workers involved in the quarry and concrete industry.

E. B Mawson & Sons Pty Ltd T/A Mawsons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established