PMR Quarries Pty Ltd trading as trustee for the WA Limestone Unit Trust T/A WA Limestone Summary

[2014] FWCA 7801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PMR Quarries Pty Ltd trading as trustee for the WA Limestone Unit Trust T/A WA Limestone
(AG2014/9293)

W.A. LIMESTONE, W.A. BLUEMETAL & W.A. PREMIX WESTERN AUSTRALIAN ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER WILLIAMS	PERTH, 4 NOVEMBER 2014

Application for approval of the W.A. Limestone, W.A. Bluemetal & W.A. Premix Western Australian Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the W.A. Limestone, W.A. Bluemetal & W.A. Premix Western Australian Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PMR Quarries Pty Ltd trading as trustee for the WA Limestone Unit Trust T/A WA Limestone. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2014. The nominal expiry date of the Agreement is 4 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved PMR Quarries Pty Ltd, trading as the trustee for the WA Limestone Unit Trust, and the Australian Building Construction Employees and Builders Labourers Federation. The dispute centred around the application for approval of the Western Australian Enterprise Agreement 2014, specifically the W.A. Limestone, W.A. Bluemetal, and W.A. Premix agreements. The court was tasked with determining whether the agreements met the necessary criteria for approval under the relevant industrial relations laws.

The central legal issues in the case were whether the agreements were made in good faith and whether they contained the required "safety net" provisions. Safety net provisions are essential to ensure that employees receive a minimum set of terms and conditions of employment, and are a critical aspect of Australian industrial relations law. The court had to examine the content of the agreements to ascertain if they provided these minimum protections and were negotiated in a manner that complied with the principles of good faith bargaining.

In reaching its decision, the court considered the submissions from both parties and the relevant legal principles. It was noted that the agreements had been negotiated between the parties and included provisions that were above the minimum safety net entitlements. The court also found that the agreements had been made in good faith, as evidenced by the extensive negotiations and the willingness of both parties to reach a resolution. Consequently, the court approved the agreements, finding that they met the necessary requirements for endorsement under the Fair Work Act 2009.

The final orders of the court were that the W.A. Limestone, W.A. Bluemetal, and W.A. Premix Western Australian Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. This decision ensured that the terms of the agreements would apply to the relevant employees, providing them with the agreed-upon terms and conditions of employment.

PMR Quarries Pty Ltd trading as trustee for the WA Limestone Unit Trust T/A WA Limestone

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established