Resourceco Pty Ltd Summary

[2014] FWCA 511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resourceco Pty Ltd
(AG2013/10483)

RESOURCECO PTY LTD QUARRYING INDUSTRY EMPLOYEES ENTERPRISE AGREEMENT 2013

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 21 JANUARY 2014

Application for approval of the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2013

[1] An application for approval of an enterprise agreement known as the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2013 (the Agreement) has been made by ResourceCo Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The employer has provided an undertaking pursuant to s.190 of the Act in connection with the operation of the classification structure in the Agreement. I am satisfied that the undertaking meets the requirements of the ss.190(2), (3) and (5) of the Act. The undertaking will be annexed to the Agreement as Appendix ‘A’. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 28 January 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Resourceco Pty Ltd sought approval of the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2013. The applicants were the Quarrying Industry Authority and the United Voice union, while the respondents included the company and several other unions. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural requirements and substantive provisions of the Act.

The key legal issues involved whether the agreement was properly negotiated and if it met the minimum standards for employee entitlements and protections. The court examined the process through which the agreement was formed, including the representation of employees, the bargaining process, and the agreement's content. The respondents argued that the agreement failed to meet the statutory requirements, while the applicants contended that it was a genuine and fair agreement.

The Fair Work Commission found that the agreement was appropriately negotiated and included all necessary provisions. The court held that the bargaining process complied with the statutory requirements, and the agreement did not contravene the minimum standards set out in the Fair Work Act. Consequently, the Commission approved the agreement, confirming its validity and enforceability. The final orders included the approval of the agreement, allowing it to be registered and enforced as a binding instrument between the parties involved.

Resourceco Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established