| [2014] FWCA 8435 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
SCE Resources Pty Ltd T/A Steelstone
(AG2014/9595)
SCE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2014
Quarrying industry | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 26 NOVEMBER 2014 |
Application for approval of the SCE Resources Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the SCE Resources Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] An undertaking concerning clause 4.7 (Superannuation) has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[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] The Agreement is approved. In accordance with s.54(1) it will operate from 3 December 2014. The nominal expiry date of the Agreement is 3 December 2016.
SENIOR DEPUTY PRESIDENT
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Annexure A
- AGLC
- SCE Resources Pty Ltd T/A Steelstone [2014] FWCA 8435
- Case
- [2014] FWCA 8435
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it provided for minimum terms and conditions of employment, and if it was free from any unfair content. The CFMEU contended that the agreement failed to meet these criteria, primarily due to the imposition of certain terms that they argued were unreasonable and not negotiated in good faith.
The Commission carefully examined the provisions of the agreement and the process by which it was negotiated. In its reasoning, the Commission found that the agreement, while containing some provisions that were potentially contentious, did not on the whole fall outside the bounds of what could be considered as having been made in good faith. The Commission also found that the agreement did not contain any terms that were unfair within the meaning of the Act. Given these findings, the Commission concluded that the agreement met the statutory requirements for approval. The Commission's decision was grounded in its assessment of the overall fairness of the agreement and the process by which it was negotiated, ultimately leading to the approval of the SCE Resources Enterprise Agreement 2014.
The final orders of the Commission were that the SCE Resources Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The approval was subject to the agreement being registered with the Fair Work Commission, which would then provide the necessary certification and enforcement mechanisms. The CFMEU's objections were dismissed, and the agreement was deemed to be valid and binding on the parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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