SeaRoad Shipping Pty Ltd Summary

[2014] FWCA 7863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Quarries Pty Ltd
(AG2014/8012)

SOUTHERN QUARRIES QUARRY WORKERS ENTERPRISE AGREEMENT 2014

Quarrying industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 6 NOVEMBER 2014

Application for approval of the Southern Quarries Quarry Workers Enterprise Agreement 2014 - Approved.

[1] An application for approval of an enterprise agreement known as the Southern Quarries Quarry Workers Enterprise Agreement 2014 (the Agreement) has been made by Southern Quarries 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] 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.

[3] The Australian Workers Union (the AWU), being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 13 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SeaRoad Shipping Pty Ltd was before the Fair Work Commission, where the applicant sought approval of the Southern Quarries Quarry Workers Enterprise Agreement 2014. The applicant argued that the agreement met all statutory requirements and should be approved. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and related regulations.

The primary legal issue before the Commission was whether the agreement adhered to the procedural and substantive requirements for approval under the Fair Work Act. This included ensuring that the agreement was made in good faith, the parties had genuine bargaining power, and the agreement contained necessary minimum terms and conditions. The Commission also had to assess whether the agreement met the threshold of being a "better off overall test" (BOOT) for employees.

The Fair Work Commission found that the agreement was made in good faith and that the parties had genuine bargaining power. The Commission considered the agreement's provisions and concluded that it contained the necessary minimum terms and conditions as required by the Fair Work Act. The agreement also satisfied the BOOT, as employees would be better off overall with the new agreement compared to their previous terms. Therefore, the Commission approved the agreement, confirming its compliance with all statutory requirements.

The Fair Work Commission approved the Southern Quarries Quarry Workers Enterprise Agreement 2014, deeming it compliant with the Fair Work Act. The Commission's decision recognised the agreement as meeting all necessary procedural and substantive criteria for approval. The approval ensures that the employees will benefit from the new terms and conditions set out in the agreement.

SeaRoad Shipping Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established