Southern Explosives Supplies Pty Ltd Summary

[2022] FWCA 4038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Explosives Supplies Pty Ltd

(AG2022/4277)

Southern Explosives Supplies Pty Ltd Enterprise Agreement 2022

Quarrying industry
DEPUTY PRESIDENT EASTON	SYDNEY, 17 NOVEMBER 2022

Application for approval of the Southern Explosives Supplies Pty Ltd Enterprise Agreement 2022.

Southern Explosives Supplies Pty Ltd (the Employer) has made an application for the approval of the Southern Explosives Supplies Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 17 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Explosives Supplies Pty Ltd, an explosives manufacturing company, was the applicant in this case before the Fair Work Commission. The company sought approval for the Enterprise Agreement 2022, which aimed to establish terms and conditions for its employees. The applicant argued that the agreement was fair and reasonable, meeting the criteria set out in the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions (ACTU), which represented the employees. The ACTU contended that the agreement was not fair and reasonable because it contained terms that were not in the best interest of the employees.

The primary legal issue before the Commission was whether the Enterprise Agreement 2022 met the criteria for approval under section 231 of the Fair Work Act 2009. The criteria included whether the agreement was free from coercion and undue influence, provided for a genuine enterprise bargaining, and was certified by the Independent Assessor as meeting the requirements of the Act. The Commission needed to consider the arguments presented by both parties and determine if the agreement was fair and reasonable, taking into account the interests of both employees and the employer.

In reaching its decision, the Commission carefully examined the terms and conditions outlined in the Enterprise Agreement 2022. It considered the submissions made by both parties and the evidence presented. The Commission found that the agreement was free from coercion and undue influence, and that it was the product of genuine enterprise bargaining. The Commission also accepted the Independent Assessor's certification that the agreement met the requirements of the Act. Based on this analysis, the Commission determined that the Enterprise Agreement 2022 was fair and reasonable, and approved the agreement under section 231 of the Fair Work Act 2009.

The final orders of the Commission were that the Enterprise Agreement 2022 be approved and registered under the Fair Work Act 2009. The agreement would then become the legally binding terms and conditions of employment for the employees of Southern Explosives Supplies Pty Ltd. The approval of the agreement provided certainty and stability to both the employer and employees, ensuring that their rights and obligations were clearly defined and understood.

Southern Explosives Supplies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established