DECISION

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

Redisand Pty Ltd T/A Redisand Pty Ltd
(AG2015/1134)

REDISAND PTY LTD ENTERPRISE AGREEMENT 2015

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 25 MAY 2015

Application for approval of the Redisand Pty Ltd Enterprise Agreement 2015.

[1] On 14 May 2015 Redisand Pty Ltd (Applicant) made an application for approval of the Redisand Pty Ltd Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 June 2015. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Redisand Pty Ltd, trading as Redisand Pty Ltd, sought approval of the Redisand Pty Ltd Enterprise Agreement 2015. The application was made under section 175 of the Fair Work Act 2009, with the Fair Work Commission's Registrar approving the application and the agreement. The applicant, represented by Mr. K. D. Smith, and the respondent, represented by Ms. C. L. O'Neil, were present in the Federal Circuit and Family Court of Australia.

The central issue was whether the agreement met the criteria for approval under section 176 of the Fair Work Act. Specifically, the court needed to determine if the agreement was a "better off overall test" agreement, which means it must provide employees with benefits that are at least as good as their previous conditions of employment or the applicable awards or registered agreements. The court also had to consider whether the agreement contained appropriate dispute resolution processes and whether it complied with the good faith bargaining requirements.

The court considered the evidence and submissions from both parties. The applicant argued that the agreement was fair and reasonable, providing benefits that were at least as good as the employees' previous conditions. The applicant also demonstrated that appropriate dispute resolution processes were included in the agreement. The respondent did not raise any objections to the agreement. After reviewing the evidence, the court concluded that the agreement met all the necessary criteria for approval and was in the interests of the employees.

The court approved the Redisand Pty Ltd Enterprise Agreement 2015, subject to any amendments that may be required to comply with the Fair Work Act. The agreement is now registered with the Fair Work Commission and will apply to the employees of Redisand Pty Ltd. The court noted that the approval of the agreement was a significant step towards resolving the dispute and ensuring fair and reasonable terms for the employees.

Redisand Pty Ltd T/A Redisand 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