DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mount Marrow Blue Metal Quarries Pty Ltd
(AG2017/6358)

MT MARROW BLUE METAL QUARRIES CONCRETE, QUARRY & TRANSPORT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2018

Application for approval of the Mt Marrow Blue Metal Quarries Concrete, Quarry & Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mt Marrow Blue Metal Quarries Concrete, Quarry & Transport Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mount Marrow Blue Metal Quarries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2018. The nominal expiry date of the Agreement is 16 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Mount Marrow Blue Metal Quarries Pty Ltd was the subject of an application for the approval of the Mt Marrow Blue Metal Quarries Concrete, Quarry & Transport Enterprise Agreement 2017. The applicant sought the approval of the Fair Work Commission, the dispute being whether the agreement should be approved and registered under the Fair Work Act 2009. The agreement in question was a new enterprise agreement between the company and its employees, aimed at replacing an existing agreement that had expired. The court was tasked with determining whether the agreement met the legal requirements for approval and registration.

The primary legal issues before the court included whether the agreement was genuinely a product of bargaining between the employer and the employees, whether the agreement provided for the proper payment of employees, and whether it contained all the necessary provisions required by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement complied with the good faith bargaining requirements and if it provided for the proper terms and conditions of employment. The applicant argued that the agreement had been fairly negotiated and met all the statutory requirements for approval.

The Fair Work Commission examined the evidence presented, including the bargaining process and the contents of the agreement. The court found that the agreement was genuinely the result of genuine and meaningful bargaining. It also found that the agreement provided for the proper terms and conditions of employment, including wages and other benefits, and that it met all the legal requirements for approval. The court was satisfied that the agreement complied with the good faith bargaining provisions and all other statutory requirements. Consequently, the court approved and registered the agreement under the Fair Work Act 2009.

The final orders of the court were that the Mt Marrow Blue Metal Quarries Concrete, Quarry & Transport Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was deemed to have the full force and effect of an approved and registered agreement, binding on all parties involved.

Mount Marrow Blue Metal 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