Rocky Hill Recycled Sand and Soil Pty Limited Summary

[2023] FWCA 1621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rocky Hill Recycled Sand and Soil Pty Limited

(AG2023/1397)

ROCKY HILL RECYCLED SAND AND SOIL ENTERPRISE AGREEMENT 2022

Retail industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 5 JUNE 2023

Application for approval of the Rocky Hill Recycled Sand and Soil Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Rocky Hill Recycled Sand and Soil Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rocky Hill Recycled Sand and Soil Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Rocky Hill Recycled Sand and Soil Pty Limited, the matter before the Fair Work Commission was an application for the approval of the Rocky Hill Recycled Sand and Soil Enterprise Agreement 2022. The applicants, Rocky Hill Recycled Sand and Soil Pty Limited, sought approval for the proposed enterprise agreement to be recognised and enforced as a registered agreement under the Fair Work Act 2009. The application was opposed by the Building and Construction Union (ACT Branch), which argued that the agreement did not meet the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement met the necessary criteria for approval, including whether it was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it met the substantive requirements of the Act, including the provisions for minimum entitlements and protections for employees. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for employees, including provisions for pay, hours of work, and other employment conditions.

The Commission found that the application for approval of the enterprise agreement met all the necessary criteria for approval under the Fair Work Act. The Commission concluded that the agreement was a genuine enterprise agreement that had been negotiated in good faith between the employer and the employees, and that it complied with all the procedural requirements for approval. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for minimum entitlements and protections, and that it did not contravene any provisions of the Act. The Commission was satisfied that the agreement met all the necessary requirements for approval, and accordingly approved the agreement as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the Rocky Hill Recycled Sand and Soil Enterprise Agreement 2022 be approved as a registered agreement under section 181 of the Fair Work Act 2009, and that it be registered by the Registrar of the Fair Work Commission. The agreement was to take effect from the date of registration, and was to be binding on all employees covered by the agreement. The Building and Construction Union (ACT Branch) was granted leave to appeal the decision of the Commission to the Federal Court of Australia.

Rocky Hill Recycled Sand and Soil Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established