Nucrush Pty Ltd T/A Nucrush Group

[2014] FWCA 3274

FAIR WORK COMMISSION

DECISION

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

Nucrush Pty Ltd T/A Nucrush Group
(AG2014/622)

THE NUCRUSH GROUP ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 20 MAY 2014

Application for approval of The Nucrush Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Nucrush Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into account the employer’s written submissions dated 12 May 2014 and 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. An undertaking concerning clause 5.3 in relation to the accrual of annual leave has been provided by the employer and is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] As the Agreement does not include a consultation clause in the terms required by s.205(1), pursuant to s.205(2) of the Act the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 May 2014. The nominal expiry date of the Agreement is 26 May 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nucrush Pty Ltd T/A Nucrush Group brought an application before the Fair Work Commission to approve the Nucrush Group Enterprise Agreement 2013. The application sought to have the agreement registered under the Fair Work Act 2009. The dispute involved whether the agreement met the necessary criteria for approval, including compliance with the procedural requirements and the substantive fairness of the terms.

The primary legal issues the court had to address were whether the application was made in accordance with the statutory provisions and whether the agreement satisfied the requirement of being in the best interests of the employees. Specifically, the court examined whether the necessary consultation processes were followed and whether the agreement provided fair and reasonable terms for the employees.

The Fair Work Commission held that the application was procedurally valid and that the agreement contained terms that were fair and reasonable. The court found that the necessary consultation processes had been undertaken and that the agreement provided for appropriate protections and benefits for the employees. Consequently, the court approved the agreement, finding that it met the statutory requirements for registration.

The final orders of the court were that the Nucrush Group Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the decision, and the terms would govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established