DECISION

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

Milbrae Quarries Pty Ltd
(AG2018/6407)

MILBRAE QUARRIES PTY LTD ENTERPRISE AGREEMENT

Quarrying industry
DEPUTY PRESIDENT CROSS	SYDNEY, 11 JUNE 2019

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

[1] An application has been made for the approval of a single-enterprise agreement known as the Milbrae Quarries Pty Ltd Enterprise Agreement (the “Agreement”). The application was made by Milbrae Quarries Pty Ltd (the “Applicant”) pursuant to s.185 of the Fair Work Act 2009 (the “Act”).

[2] The Transport Workers Union and the Australian Workers’ Union (New South Wales Branch) (the “Union Parties”) each filed Form 18’s on 28 November, 2019 and 31 January, 2019 respectively. Each Form 18 raised objections relating to the pre-approval steps and the adverse effects on relevant employees when compared to the Quarrying Award 2010.

[3] On 6 May, 2019, my Chambers issued correspondence to the parties requesting that attention and submissions be directed to the issues identified above, as well as to the issues of the inclusion of unlawful terms pursuant to s.203(2)(b) of the Act, and the possible non-compliance of the nominal expiry date of the Agreement.

[4] On 14 May, 2019, the Applicant provided written correspondence to my Chambers addressing the above issues. In particular, the Applicant expressed that concerns as to the flexibility term and the nominal expiry date could be remedied by way of an Undertaking. A copy of the Undertaking is marked as “Annexure A” to this Decision.

[5] On 17 May, 2019, the Union Parties were directed to consider the Applicant’s response of 14 May, 2019 and their proposals to resolve the concerns. The Union Parties were directed to advise my Chambers by 4:00pm on 24 May, 2019, if they continued to maintain their objections to the approval of the Agreement.

[6] To date, my Chambers has not received correspondence from either of the Union Parties. As such, I have assumed that each of the Union Parties no longer objected to the Applicant’s application for the approval of the Agreement.

[7] Each of the Union Parties gave notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the Transport Workers Union and the Australian Workers’ Union (New South Wales Branch).

[8] I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this Application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven (7) days after the issuing of this approval decision. The nominal expiry date of the Agreement is 18 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Milbrae Quarries Pty Ltd is a company engaged in the quarrying industry. The matter before the court was an application for the approval of an enterprise agreement made between the company and its employees. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009 (Cth). The legal issues before the commission were whether the agreement met the requirements of the Act, particularly in terms of its provision for minimum entitlements, its procedural fairness, and whether it had been genuinely bargained.

The commission began by examining the process by which the agreement was reached. It noted that the agreement had been negotiated over a period of time and that there was evidence of genuine bargaining between the parties. The commission found that the agreement provided for minimum entitlements as required by the Act, including terms for wages, leave, and other conditions of employment. It also considered the procedural fairness of the process, finding that both parties had been adequately represented and had an opportunity to participate in the negotiation process. The commission concluded that the agreement met the requirements of the Act and approved it.

In approving the agreement, the commission noted that it would be registered with the Fair Work Commission and would have effect as a registered agreement under the Act. The agreement provides for a period of three years, after which it may be subject to re-negotiation. The commission also noted that the agreement included provisions for dispute resolution, which would be available to the parties in the event of any disputes arising under the agreement. The final orders of the commission were that the enterprise agreement be approved and registered, and that it would have effect as a registered agreement from the date of the commission's decision.

Milbrae 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