Milbrae Quarries

[2013] FWCA 10083

FAIR WORK COMMISSION

DECISION

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

Milbrae Quarries
(AG2013/11571)

MILBRAE QUARRIES PTY LTD ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 DECEMBER 2013

Application for approval of the Milbrae Quarries Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Milbrae Quarries Pty Ltd Enterprise Agreement 2013 (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 The Australian Workers’ Union (AWU) and the Transport Workers’ Union of Australia (TWU), being bargaining representatives 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 organisations.

[4] The Agreement is approved and will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Milbrae Quarries Pty Ltd sought approval of their 2013 Enterprise Agreement from the Fair Work Commission. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), raised objections to the agreement, particularly concerning provisions related to work arrangements and the role of union representatives. The matter was heard in the Fair Work Commission, which had jurisdiction to assess whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was genuinely negotiated and whether it met the criteria for approval under the Fair Work Act. The CFMEU argued that certain provisions were not genuinely negotiated, as they did not adequately consult with union representatives. They also contended that the agreement failed to provide adequate protections for employees in terms of work arrangements and the role of union representatives.

The Commission examined the evidence and submissions from both parties, considering the nature and process of the negotiations. The Commission determined that while there were shortcomings in the negotiation process, the provisions in question were not so flawed as to render the agreement invalid. The Commission found that the agreement was genuinely negotiated and met the requirements for approval under the Act, despite some procedural imperfections. The Fair Work Commission approved the Enterprise Agreement, with certain conditions to address the issues raised by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established