DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Great Lakes Aggregate Pty Ltd
(AG2014/10255)

GREAT LAKES AGGREGATE PTY LTD ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 DECEMBER 2014

Application for approval of the Great Lakes Aggregate Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Great Lakes Aggregate Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 25 December 2014. The nominal expiry date of the Agreement is 24 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Great Lakes Aggregate Pty Ltd, applied to the Fair Work Commission for approval of the Enterprise Agreement 2014. The respondent, the Transport Workers Union of Australia, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The nature of the dispute centred on the provisions of the agreement that the union claimed were inadequate in relation to employee entitlements and conditions.

The legal issues before the court included whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the minimum entitlements of employees, the process for the resolution of disputes, and the terms and conditions of employment. The union argued that the agreement failed to provide adequate protections for employees and did not comply with the requirement for good faith bargaining.

In reaching its decision, the Fair Work Commission considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission found that the agreement did not adequately address the minimum entitlements of employees and did not provide for a fair and effective dispute resolution process. The Commission also found that the agreement did not reflect the outcomes of good faith bargaining between the parties. Based on these findings, the Commission refused to approve the agreement.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act and that they provide adequate protections for employees. The decision also underscores the need for parties to engage in good faith bargaining to reach agreements that are fair and reasonable. The Commission's refusal to approve the agreement in this case may have implications for future negotiations between the parties and for the broader industrial relations landscape in Australia.

Great Lakes Aggregate Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established