DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Quarries Pty Ltd
(AG2020/3880)

SOUTHERN QUARRIES QUARRY WORKERS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 13 JANUARY 2021

Application for approval of the Southern Quarries Quarry Workers Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Southern Quarries Quarry Workers Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Southern Quarries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 January 2021.

[3] 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.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Quarries Pty Ltd, represented by the applicant, sought approval of the Southern Quarries Quarry Workers Enterprise Agreement 2020. The respondent, a trade union representing the workers, objected to the application. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the process for approval, fairness, and compliance with the substantive provisions. The Commission examined the fairness of the agreement and whether it was negotiated in good faith and covered the necessary matters.

The Commission found that the agreement was negotiated in good faith and met the requirements for approval under the Act. The Commission noted that the agreement contained appropriate provisions for the workers' conditions and that the process followed was in accordance with the law. The objections raised by the respondent were deemed insufficient to deny approval of the agreement. The Commission approved the application, allowing the enterprise agreement to proceed as intended.

The Fair Work Commission approved the Southern Quarries Quarry Workers Enterprise Agreement 2020, dismissing the respondent's objections. This decision now allows the enterprise agreement to be implemented, providing the workers with their agreed-upon terms and conditions.

Southern Quarries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established