DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hebden Quarries Pty Limited
(AG2017/5994)

HEBDEN QUARRIES PTY LTD ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 MAY 2018

Application for approval of the Hebden Quarries Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hebden Quarries Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hebden Quarries Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 15 May 2018 and, in accordance with s.54, will operate from 22 May 2018. The nominal expiry date of the Agreement is 22 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Hebden Quarries Pty Limited involved the approval of the Hebden Quarries Pty Ltd Enterprise Agreement 2017. The dispute centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of the agreement, while the applicant, Hebden Quarries Pty Limited, contested certain provisions.

The legal issues the Commission was required to resolve included whether the agreement had been genuinely negotiated, if it provided for a fair and reasonable safety net, and if it complied with the procedural requirements for making an enterprise agreement. A critical point of contention was whether the agreement's provisions on pay rates, conditions, and the classification of employees were fair and reasonable, given the economic context of the quarrying industry.

The Commission found that the agreement had been genuinely negotiated between the parties, and it provided for a fair and reasonable safety net for the employees. The Commission noted that the agreement contained provisions that were reflective of industry standards and were negotiated in good faith. It also concluded that the procedural requirements for making the enterprise agreement were satisfied, as the agreement was made after sufficient consultation and negotiations. Consequently, the Commission approved the Hebden Quarries Pty Ltd Enterprise Agreement 2017.

Hebden Quarries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established