DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quarry Solutions Pty Ltd
(AG2017/3578)

QUARRY SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Quarry Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Quarry Solutions Pty Ltd Enterprise Agreement 2017(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quarry Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 26 October 2017 and, in accordance with s.54, will operate from 2 November 2017. The nominal expiry date of the Agreement is 26 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quarry Solutions Pty Ltd, along with several unions, applied for approval of their enterprise agreement, titled the Quarry Solutions Pty Ltd Enterprise Agreement 2017, before the Fair Work Commission. The agreement sought to establish terms and conditions for employees working in the quarry industry. The unions argued that the agreement fairly represented the employees, while Quarry Solutions Pty Ltd supported the application, asserting that it contained reasonable terms.

The central legal issues before the Commission were whether the application complied with the statutory requirements and if the agreement was fair and reasonable in all its terms. The Commission had to assess whether the agreement was genuinely an enterprise agreement, if the negotiation process was compliant, and if the agreement contained terms that were fair and reasonable.

The Fair Work Commission found that the application met the statutory criteria, and the agreement was genuinely an enterprise agreement. The Commission concluded that the negotiation process was compliant, and the terms of the agreement were fair and reasonable. The Commission took into account the context of the quarry industry, the bargaining power of the parties, and the interests of the employees. The Commission approved the agreement, highlighting the importance of industry-specific considerations in determining the fairness of the agreement.

The Fair Work Commission approved the Quarry Solutions Pty Ltd Enterprise Agreement 2017, recognising its compliance with the statutory requirements and its fairness in terms and conditions for employees in the quarry industry.

Quarry Solutions 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