On-trax Crushing and Screening Pty Ltd

[2013] FWCA 4093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

On-trax Crushing and Screening Pty Ltd
(AG2013/1035)

ON-TRAX CRUSHING AND SCREENING PTY LTD ENTERPRISE AGREEMENT 2013

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 25 JUNE 2013

Application for approval of the On-trax Crushing and Screening Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the On-trax Crushing and Screening Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by On-trax Crushing and Screening Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 1 May 2013.

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

[4] On 17 June 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2013. The nominal expiry date of the Agreement is 30 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

On-trax Crushing and Screening Pty Ltd applied to the Fair Work Commission for the approval of the On-trax Crushing and Screening Pty Ltd Enterprise Agreement 2013. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment of the company's workers. The Fair Work Commission, presided over by Deputy President J.D. Bennett, was tasked with determining whether the agreement met the criteria for approval under the Act.

The legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about specific provisions. The court needed to consider whether the agreement provided for a fair and efficient workplace, and if it met the statutory requirements for approval.

The court examined the provisions of the enterprise agreement and the evidence presented by both parties. It found that the agreement was made in good faith and without coercion and that it provided for a fair and efficient workplace. The court determined that the agreement met the criteria for approval under the Fair Work Act. The Deputy President concluded that the application should be approved, as the agreement was fair and reasonable and met the statutory requirements.

The Fair Work Commission approved the On-trax Crushing and Screening Pty Ltd Enterprise Agreement 2013, and it was registered with the Fair Work Commission. The approval was effective from the date of registration, and the agreement would govern the terms and conditions of employment for the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established