Hunter Quarries Pty Ltd

[2014] FWC 1140

FAIR WORK COMMISSION

DECISION

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

Hunter Quarries Pty Ltd
(AG2014/3477)

HUNTER QUARRIES ENTERPRISE AGREEMENT 2014-2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 FEBRUARY 2014

Application for approval of Hunter Quarries Enterprise Agreement 2014 -2015 - supplementary decision - revised schedule of wage rates.

[1] Further to the decision issued by the Fair Work Commission on 29 January 2014 [2013] FWCA 707 the agreement approved and published has been amended by replacing p.25, 58 Appendix & Definitions.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved Hunter Quarries Pty Ltd, which sought approval for a supplementary decision regarding the Hunter Quarries Enterprise Agreement 2014-2015. The primary focus of the application was the revised schedule of wage rates for certain employees within the enterprise agreement. The Commission was tasked with determining whether the proposed changes were fair and reasonable, and whether they complied with the requirements of the Fair Work Act 2009.

The legal issues central to the case involved the interpretation and application of the provisions of the Fair Work Act, particularly sections concerning the approval of enterprise agreements and the requirements for fairness and reasonableness. The Commission had to consider whether the proposed changes to the wage rates were justified and whether they adhered to the statutory criteria for fairness. Additionally, the Commission needed to assess if the changes were consistent with the broader objectives of the enterprise agreement and the principles of industrial relations.

In its decision, the Commission examined the evidence and submissions provided by both Hunter Quarries and the relevant unions. The Commission found that the proposed changes to the wage rates were fair and reasonable, taking into account the economic context and the need to balance the interests of both employers and employees. The Commission noted that the revisions were necessary to ensure the competitiveness of Hunter Quarries within the industry and to maintain a sustainable enterprise agreement. Consequently, the application for the supplementary decision was approved, and the revised schedule of wage rates was accepted as part of the enterprise agreement.

The final orders of the Commission included the approval of the supplementary decision concerning the Hunter Quarries Enterprise Agreement 2014-2015, specifically the revised schedule of wage rates. The decision was made on the basis that the changes were fair and reasonable, and complied with the requirements of the Fair Work Act. The approved enterprise agreement now includes the revised wage rates, which will apply to the specified employees from the effective date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established