East Arm Resources Pty Ltd

[2025] FWCA 590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

East Arm Resources Pty Ltd

(AG2025/268)

EAST ARM RESOURCES - ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER CRAWFORD	SYDNEY, 14 FEBRUARY 2025

Application for approval of the East Arm Resources - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the East Arm Resources - Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by East Arm Resources Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 21 February 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission was an application by East Arm Resources Pty Ltd to have the proposed Enterprise Agreement 2024 approved. The dispute involved the terms and conditions of employment for employees within the company, specifically regarding pay rates, conditions of work, and other employment-related provisions. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the criteria for approval under the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions, and whether it allowed for the proper operation of the business. The Commission also had to consider whether the agreement provided for the protection of employees’ rights and whether it was supported by the majority of the relevant employees.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. It found that the proposed agreement complied with the statutory requirements and provided for fair and reasonable terms and conditions for employees. The Commission also determined that the agreement was supported by the majority of the employees and was in their best interests. Based on this, the Commission approved the East Arm Resources - Enterprise Agreement 2024.

The Fair Work Commission approved the East Arm Resources - Enterprise Agreement 2024, finding it to be fair and reasonable and in the best interests of the employees. The Commission’s decision was based on the evidence and submissions presented, and the agreement was deemed to comply with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established