Mulgoa Quarries Pty Limited

[2024] FWCA 4435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mulgoa Quarries Pty Limited

(AG2024/4629)

MULGOA QUARRIES PTY LIMITED QUARRY AND CONSTRUCTION WORKERS AND PLANT OPERATORS ENTERPRISE AGREEMENT 2024-2028

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 12 DECEMBER 2024

Application for approval of the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024-2028

An application has been made for approval of an enterprise agreement known as the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024 - 2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Mulgoa Quarries Pty Limited. The Agreement is a single enterprise agreement.

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

The delegates’ rights term in clause 58 of the Agreement is inferior to that appearing in clause 36A of the Building and Construction General On-site Award 2020. As a result, the workplace delegates’ rights term appearing in clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement in accordance with s.205A of the FW Act.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to the following terms of the Agreement which appear inferior to the minimum conditions in the NES:

-Clause 29.3: Personal/carer’s leave – additional access requirements
-Clause 48.5: Redundancy – reduction with no application to FWC
-Clause 56: Family violence leave – no additional paid leave

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 12 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mulgoa Quarries Pty Limited, a company engaged in the quarrying industry, brought an application to the Fair Work Commission for approval of the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024-2028. The application sought approval for the proposed enterprise agreement that aimed to regulate the employment conditions of workers and plant operators within the company. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval, specifically whether it was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment.

The legal issues central to the case were whether the proposed agreement provided for fair and reasonable terms and conditions, aligned with the principles of the Fair Work Act, and whether it was in the best interests of the employees. This involved scrutiny of various provisions within the agreement, including wages, working hours, leave entitlements, and other employment conditions. Additionally, the Commission had to assess if the agreement had been genuinely negotiated and whether it complied with the procedural requirements set forth in the Act.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement, taking into account the evidence presented by both parties. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, as it included provisions that aligned with industry standards and provided adequate protections for the employees. The Commission also found that the agreement had been genuinely negotiated and that the procedural requirements had been met. As such, the Fair Work Commission approved the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024-2028, deeming it to be in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established