DECISION

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

Pacific Blue Metal Pty Ltd
(AG2014/10254)

PACIFIC BLUE METAL PTY LTD ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 18 DECEMBER 2014

Application for approval of the Pacific Blue Metal Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Blue Metal Pty Ltd 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 25 December 2014. The nominal expiry date of the Agreement is 24 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Blue Metal Pty Ltd applied for approval of the Enterprise Agreement 2014. The application was heard in the Fair Work Commission, with the decision delivered by Commissioner McCabe. The agreement, which was negotiated between the company and its employees, sought to establish the terms and conditions of employment for the workers. The application was contested by the Australian Council of Trade Unions, which raised concerns about certain provisions within the agreement.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was genuinely negotiated. The Commission needed to determine whether the agreement was free from any improper influences and if it provided adequate protections for employees.

The Commission found that the agreement was genuinely negotiated and free from any improper influences. It was determined that the agreement provided fair and reasonable terms and conditions of employment. The Commission considered the parties' bargaining power, the context of the agreement, and the provisions of the agreement itself in reaching its decision. The concerns raised by the ACTU were addressed and resolved to the satisfaction of the Commission. The agreement was approved by the Commission.

The Fair Work Commission approved the Pacific Blue Metal Pty Ltd Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act 2009. The agreement was genuinely negotiated and provided fair and reasonable terms and conditions of employment for the employees. The concerns raised by the ACTU were addressed and resolved to the satisfaction of the Commission.

Pacific Blue Metal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established