DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Quarries Pty Limited T/A Hunter Quarries
(AG2018/6808)

HUNTER QUARRIES ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 MARCH 2019

Application for approval of the Hunter Quarries Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Quarries 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 Hunter Quarries Pty Limited T/A Hunter Quarries. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 25 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hunter Quarries Pty Limited, trading as Hunter Quarries, filed an application for approval of the Hunter Quarries Enterprise Agreement 2018 with the Fair Work Commission. The agreement was proposed as a modern award, and the primary issue before the court was to determine whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. The application sought the Commission's approval under section 232 of the Act, ensuring that the agreement met the criteria for being a simplified procedure agreement.

The legal issues revolved around whether the agreement adequately covered the essential terms as mandated by the Fair Work Act, including provisions on minimum wages, penalties, leave, and other employment conditions. Furthermore, the court had to assess if the agreement was fair and reasonable, and if it was made in good faith. The applicant argued that the agreement reflected a genuine bargain between the parties, while any opposing party contended that certain terms were unfair or not properly negotiated.

In its reasoning, the Commission found that the Hunter Quarries Enterprise Agreement 2018 did indeed cover the essential terms and was made in good faith. The Commission noted that the agreement contained provisions on wages, penalties, leave, and other standard employment conditions, which were consistent with the requirements of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, taking into consideration the specific circumstances of the workplace and the bargaining process. Consequently, the application for approval was granted.

The Fair Work Commission approved the Hunter Quarries Enterprise Agreement 2018 as a modern award, effective from the date of the decision. This approval meant that the agreement could be used as a basis for employment conditions in the organisation, replacing any previously applicable award or agreement. The final orders confirmed the approval of the agreement and directed that it be registered with the Commission.

Hunter Quarries Pty Limited T/A Hunter Quarries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established