ResourceCo Pty Ltd T/A ResourceCo

[2022] FWCA 432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ResourceCo Pty Ltd T/A ResourceCo

(AG2021/9380)

ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2021

Quarrying industry
COMMISSIONER SPENCER	BRISBANE, 11 FEBRUARY 2022

Application for approval of the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ResourceCo Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

Pursuant to ss.202(4) and 205(2) of the Act, the model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2022. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

ResourceCo Pty Ltd T/A ResourceCo was involved in a legal matter before the Fair Work Commission, concerning the approval of the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2021. The dispute arose from the negotiation and subsequent application for the approval of the enterprise agreement, which was intended to govern the terms and conditions of employment for employees within the quarrying industry sector.

The central legal issues the court needed to address involved the validity and fairness of the proposed enterprise agreement. Specifically, the court had to determine whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was fairly negotiated, whether it contained the mandated minimum terms and conditions, and whether it met the procedural requirements for approval. Additionally, the court had to consider if the agreement adequately addressed the needs and interests of both the employer and the employees, ensuring it was not unduly harsh, unjust, or unreasonable.

In its reasoning, the court meticulously examined the negotiation process and the contents of the proposed agreement. The court found that the agreement was fairly negotiated, contained the required minimum terms, and adhered to the procedural mandates set forth in the Fair Work Act. The court also concluded that the agreement was not unduly harsh, unjust, or unreasonable, as it balanced the interests of both the employer and the employees appropriately. Consequently, the court approved the application for the ResourceCo Pty Ltd Quarrying Industry Employees Enterprise Agreement 2021.

The final orders of the court mandated the approval of the enterprise agreement, ensuring that it would come into effect on the specified date. This decision provided clarity and legal certainty regarding the terms of employment for the employees within the quarrying industry sector, governed by the newly approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established