S & B Blasting Co Pty Ltd

[2013] FWCA 5986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S & B Blasting Co Pty Ltd
(AG2013/8523)

S & B BLASTING CO PTY LTD AARP/ALCOA - POINT HENRY AND ANGLESEA SITES AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2013

Application for approval of the S & B Blasting Co Pty Ltd AARP/Alcoa - Point Henry and Anglesea Sites Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the
S & B Blasting Co Pty Ltd AARP/Alcoa - Point Henry and Anglesea Sites Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by S & B Blasting Co Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] An undertaking has been given in relation to clause 36.1(d) of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2013. The nominal expiry date of the Agreement is 27 August 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

S & B Blasting Co Pty Ltd applied for approval of the S & B Blasting Co Pty Ltd AARP/Alcoa - Point Henry and Anglesea Sites Agreement 2013. The application was made to the County Court of Victoria pursuant to the Explosives Act 1983. The dispute involved the approval of a blasting agreement between S & B Blasting Co and Alcoa, concerning the use of explosives at two sites in Anglesea. The issue was whether the application met the statutory requirements for the approval of such agreements, particularly under section 13A of the Act.

The court considered whether the agreement contained all the necessary information and provisions required by the Act, including those concerning safety and environmental protection. The court examined the details of the proposed blasting operations, the qualifications of the personnel involved, and the measures taken to mitigate any potential harm to the environment and public safety. The primary focus was on ensuring that the agreement complied with the stringent regulatory framework designed to prevent accidents and protect the community.

After thorough consideration, the court found that the agreement was comprehensive and met all statutory requirements. The agreement included detailed plans, safety protocols, and environmental safeguards, which were deemed sufficient to protect the interests of the community and the environment. Consequently, the court approved the blasting agreement. The approval was granted on the condition that S & B Blasting Co adhered strictly to the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established