DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.B Mawson & Sons Pty Ltd T/A Mawsons
(AG2016/1216)

E.B. MAWSON & SONS AND AWU QUARRIES AND MOBILE ENTERPRISE AGREEMENT 2016-2018

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2016

Application for approval of the E.B. Mawson & Sons and AWU Quarries and Mobile Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the E.B. Mawson & Sons and AWU Quarries and Mobile Enterprise Agreement 2016-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant E.B Mawson & Sons Pty Ltd, trading as Mawsons, applied for an approval of the Enterprise Agreement between the company and the Australian Workers' Union (AWU) for the period 2016 to 2018. The application was made under the Fair Work Act 2009. The AWU represented the employees of Mawsons, which operates in the quarrying industry.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was made in good faith. The Commission considered whether the agreement was a "direct" agreement between the employer and the employees, and whether it met the criteria for "better off overall and in the round" (BOOT) as required by the Act. The Commission also needed to determine if the agreement included provisions for dispute resolution and whether it was free from any unfair provisions.

The Commission found that the agreement was a direct agreement and that it complied with the requirements of the Act. The agreement provided for dispute resolution and contained provisions that were fair and reasonable. The Commission concluded that the agreement was made in good faith and that it was BOOT for the employees. The Commission approved the Enterprise Agreement, subject to the parties lodging a certified copy of the agreement within 28 days of the decision.

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