DECISION

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

Newman Quarrying Pty Limited T/A Newman Quarrying Pty Limited
(AG2015/1011)

NEWMAN QUARRYING PTY LIMITED CASUAL EMPLOYEE ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 7 MAY 2015

Application for approval of the Newman Quarrying Pty Limited Casual Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Newman Quarrying Pty Limited Casual Employee Enterprise Agreement 2014 (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 Agreement is approved and will operate from 14 May 2015. The nominal expiry date of the Agreement is 4 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newman Quarrying Pty Limited sought approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission (FWC) was asked to determine whether the proposed agreement met the requirements of the legislation. The applicant, representing the employer, and the Australian Workers Union, representing the employees, had reached an agreement on the terms and conditions of employment for casual workers. The union argued that the agreement did not meet the requirements for genuine agreement, while the employer argued that it did.

The primary issue before the FWC was whether the agreement was genuinely agreed upon by the parties. The union contended that the agreement was not genuinely agreed to because the employer had not provided adequate information to the union and had not allowed sufficient time for consultation. The employer argued that the union had not raised any genuine issues and had failed to provide any evidence to support its claims. The FWC found that the employer had provided adequate information to the union and had allowed sufficient time for consultation. The union had not raised any genuine issues, and there was no evidence to suggest that the agreement was not genuinely agreed to by the parties.

The FWC approved the agreement, finding that it met the requirements of the Fair Work Act. The FWC found that the employer had provided adequate information to the union and had allowed sufficient time for consultation. The union had not raised any genuine issues, and there was no evidence to suggest that the agreement was not genuinely agreed to by the parties. The agreement was therefore approved as a registered agreement under the Fair Work Act. The FWC noted that the agreement provided for a number of benefits for casual employees, including the ability to convert to permanent employment under certain circumstances, and that these benefits were consistent with the objectives of the Fair Work Act.

Newman Quarrying Pty Limited T/A Newman Quarrying 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