Metromix Pty Ltd

[2014] FWCA 6036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metromix Pty Ltd
(AG2014/7252)

METROMIX PTY LTD - TERALBA QUARRY ENTERPRISE BARGAINING AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 SEPTEMBER 2014

Application for approval of the Metromix Pty Ltd - Teralba Quarry Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metromix Pty Ltd - Teralba Quarry Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 Australian Workers’ Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 9 September 2014. The nominal expiry date of the Agreement is 21 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Metromix Pty Ltd applied for the approval of the Metromix Pty Ltd - Teralba Quarry Enterprise Bargaining Agreement 2014. The applicant is an employer involved in the mining and quarrying industry, while the respondents are employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement is a proposed enterprise bargaining agreement to govern the employment of workers within the Teralba Quarry. The primary dispute in this matter centred around the adequacy of the proposed agreement in meeting the statutory requirements under the Fair Work Act 2009.

The court had to determine whether the agreement complied with the formal requirements for approval, including provisions relating to minimum wages, employee entitlements, and procedural fairness. The court also needed to assess if the agreement was made in good faith and if it met the “better off overall test,” ensuring that employees were not worse off financially under the new agreement. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement met the statutory requirements for approval. The court concluded that the agreement was made in good faith and satisfied the better off overall test. The proposed agreement provided reasonable terms and conditions for the employees and balanced the interests of both parties. Consequently, the court approved the Metromix Pty Ltd - Teralba Quarry Enterprise Bargaining Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established