Karuah East Quarry Pty Limited Summary

[2022] FWCA 1468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Karuah East Quarry Pty Limited

(AG2022/1225)

Hunter Quarries Enterprise Agreement 2022

Quarrying industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2022

Application for approval of the Hunter Quarries Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hunter Quarries Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 17 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Karuah East Quarry Pty Limited applied to the Fair Work Commission for approval of the Hunter Quarries Enterprise Agreement 2022. The application was made under section 233 of the Fair Work Act 2009, which requires the Commission to approve a new enterprise agreement if it determines that the agreement meets certain criteria, including that it provides for the "resolution of issues that are the subject of an industrial dispute" and "fairness obligation". The application was contested by the Australian Workers' Union.

The central issue before the Commission was whether the Hunter Quarries Enterprise Agreement 2022 satisfied the "better off overall test" and the "fairness obligation" as prescribed by the Fair Work Act. The Commission had to assess if the proposed agreement would result in employees being "no worse off financially and no less well off overall" than they would be under their existing awards, and whether it met the "fairness obligation" by providing for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Hunter Quarries Enterprise Agreement 2022 met the better off overall test and the fairness obligation. The Commission considered the economic and non-economic benefits provided by the agreement, such as wage increases, penalty rates, and improvements in leave provisions. The Commission concluded that the proposed agreement would result in employees being better off overall and that it met the fairness obligation, as it provided for fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Hunter Quarries Enterprise Agreement 2022.

Karuah East Quarry Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established