Southern Quarries 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

Southern Quarries Pty Ltd is a company that operates a quarry and applied for approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission. The Fair Work Ombudsman intervened in the proceedings, raising concerns about certain provisions in the agreement. The primary issue before the Fair Work Commission was whether the enterprise agreement met the legal requirements for approval under the Fair Work Act. The Commission needed to determine if the agreement was in the best interests of the workers, if it contained appropriate mechanisms for the resolution of disputes, and if it complied with the relevant legislative provisions.

The Fair Work Commission found that the enterprise agreement contained provisions that did not comply with the Fair Work Act. However, the Commission determined that these issues could be rectified through minor amendments. The Commission was satisfied that the overall provisions of the agreement were in the best interests of the workers and contained adequate mechanisms for the resolution of disputes. Consequently, the Fair Work Commission approved the enterprise agreement subject to certain amendments being made. The amendments were designed to bring the agreement into full compliance with the relevant provisions of the Fair Work Act.

The Fair Work Commission's decision to approve the enterprise agreement was based on the balance of benefits and detriments to the workers. The Commission found that the overall provisions of the agreement were fair and reasonable and provided benefits to the workers that outweighed any potential detriments. The Commission also considered the importance of the agreement in providing a framework for the resolution of workplace disputes and the need for the agreement to be in compliance with the Fair Work Act. The Fair Work Commission's final orders were that the enterprise agreement be approved subject to the specified amendments being made within a specified timeframe.

Southern Quarries Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established