DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Quarries Pty Ltd
(AG2016/587)

APPLICATION FOR APPROVAL OF THE HUNTER QUARRIES ENTERPRISE AGREEMENT 2016-2018

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 MAY 2016

Application for approval of the Hunter Quarries Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Quarries Enterprise Agreement 2016-2018 (the Agreement). The application was made by Hunter Quarries Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 11 May 2016. The nominal expiry date of the Agreement is 10 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Quarries Pty Ltd, the applicant, sought approval of the Hunter Quarries Enterprise Agreement 2016-2018 from the Fair Work Commission. The agreement, which was proposed to be made under the Fair Work Act 2009, was to govern the employment terms of the company's employees. The application was made to ensure the agreement met the legal standards and would be binding on the parties involved.

The legal issues before the court included whether the agreement was fair and reasonable, whether the necessary consultation had occurred, and whether the agreement complied with the relevant provisions of the Fair Work Act. The court needed to determine if the agreement was made in good faith and if it contained essential terms that were clear and comprehensive. Furthermore, the court had to examine if the agreement was appropriate for the specific circumstances of the employees and the employer.

The court found that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act. The applicant had demonstrated that it had consulted with the employees and their representatives, and that the agreement contained all the required terms. The court was satisfied that the agreement was made in good faith and was appropriate for the employees and the employer. Consequently, the court approved the Hunter Quarries Enterprise Agreement 2016-2018, confirming its binding nature under the Act.

The final orders of the court were that the Hunter Quarries Enterprise Agreement 2016-2018 be approved and registered, effective from the date of the decision. The agreement was to be binding on the applicant and its employees, and it was to remain in force until the end of the specified period, unless terminated earlier in accordance with its terms or the Fair Work Act.

Hunter Quarries 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