DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Quarries Pty Ltd T/A Southern Quarries & Direct Mix Group
(AG2018/381)

SOUTHERN QUARRIES QUARRY WORKERS ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 13 JUNE 2018

Application for approval of the Southern Quarries Quarry Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Quarries Quarry Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Quarries Pty Ltd T/A Southern Quarries & Direct Mix Group. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers Union (AWU) 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2020. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Southern Quarries Pty Ltd, trading as Southern Quarries & Direct Mix Group, applied to the Fair Work Commission for the approval of the Southern Quarries Quarry Workers Enterprise Agreement 2017. The applicant argued that the agreement was necessary to address workplace issues and improve working conditions for its employees. The dispute involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009, focusing on the procedural and substantive fairness of the agreement.

The central legal issues revolved around whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was genuinely bargained, if it complied with the disclosure obligations, and if it contained terms that were fair and reasonable. The applicant argued that the agreement was the product of genuine bargaining and included necessary terms for the efficient operation of the quarry. The respondent, however, contended that the agreement did not meet the disclosure requirements and contained terms that were unfair.

The Fair Work Commission considered the evidence and submissions from both parties. It found that the agreement was the product of genuine bargaining and that the applicant had met its disclosure obligations. The Commission concluded that the agreement contained terms that were fair and reasonable, taking into account the nature of the work and the specific circumstances of the industry. The Commission approved the agreement, highlighting the importance of balancing the needs of both employers and employees in enterprise bargaining.

The Fair Work Commission's final order was that the Southern Quarries Quarry Workers Enterprise Agreement 2017 be approved, effective from the date of the decision. This outcome recognised the efforts made by the parties to reach a fair and reasonable agreement, while ensuring compliance with the statutory requirements.

Southern Quarries Pty Ltd T/A Southern Quarries & Direct Mix Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established