DECISION

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

Mulgoa Quarries Pty Limited
(AG2015/480)

MULGOA QUARRIES PTY LIMITED QUARRY AND PLANT OPERATORS ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 MARCH 2015

Application for approval of the Mulgoa Quarries Pty Limited Quarry and Plant Operators Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Mulgoa Quarries Pty Limited Quarry and Plant Operators Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Mulgoa Quarries Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

Mulgoa Quarries Pty Limited applied for approval of the Mulgoa Quarries Pty Limited Quarry and Plant Operators Enterprise Agreement 2015-2018, which was submitted for consideration under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The primary legal issues the court needed to address were whether the enterprise agreement met the requirements of the Fair Work Act and whether it contained any unfair terms that would render it invalid. The court was also required to consider if the agreement had been made in accordance with the proper procedures and if it complied with the good faith bargaining obligations.

The court examined the agreement clause by clause, assessing whether it provided for fair and reasonable terms for the employees and whether it complied with the legislative framework. The court found that the agreement was made in good faith and was not contrary to public policy. It was also noted that the agreement contained provisions for the proper procedures to be followed in the event of any disputes or grievances. The court concluded that the agreement was fair and reasonable and met all the requirements of the Fair Work Act. The court approved the agreement, finding that it provided for fair and reasonable terms for the employees and did not contain any unfair terms.

The court approved the Mulgoa Quarries Pty Limited Quarry and Plant Operators Enterprise Agreement 2015-2018, finding that it met all the requirements of the Fair Work Act and did not contain any unfair terms. The agreement was deemed to be fair and reasonable, and the court found that it complied with the legislative framework. The agreement was approved, and it will now be in effect for the specified period. The decision provides clarity and certainty for the parties involved and ensures that the agreement is compliant with the relevant legislation.

Mulgoa Quarries Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established