Southern Quarries Pty Ltd Summary

[2024] FWCA 713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Quarries Pty Ltd

(AG2024/26)

SOUTHERN QUARRIES QUARRY WORKERS ENTERPRISE AGREEMENT 2023

Quarrying industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 FEBRUARY 2024

Application for approval of the Southern Quarries Quarry Workers Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Southern Quarries Quarry Workers Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 March 2024. The nominal expiry date of the Agreement is 1 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Quarries Pty Ltd, a company involved in the quarrying industry, applied to the Fair Work Commission for the approval of the Southern Quarries Quarry Workers Enterprise Agreement 2023. The applicants, represented by their employer association, sought approval of this agreement which covers approximately 300 workers across multiple sites in New South Wales. The application was contested by a union representing the workers, which argued that the proposed agreement did not adequately protect workers' rights and conditions.

The central legal issues the Commission had to resolve were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the adequacy of the terms and conditions, the process by which the agreement was made, and whether it contained all the mandatory terms prescribed by the Act. Additionally, the Commission needed to determine if the agreement provided for the proper protection of workers' interests, particularly in light of the union's objections.

The Fair Work Commission found that the agreement did meet the statutory requirements. It concluded that the agreement was made in good faith and that the process followed was appropriate. The Commission emphasised that the proposed agreement provided for a fair and reasonable balance of benefits and obligations between the parties. It also noted that the agreement contained all the mandatory terms required by the Fair Work Act, and that the terms and conditions were consistent with industry standards and practices. Consequently, the Commission approved the agreement.

The Fair Work Commission's decision to approve the Southern Quarries Quarry Workers Enterprise Agreement 2023 sets a precedent for similar agreements in the quarrying industry. The approval reflects the Commission's approach to balancing the interests of employers and employees while ensuring compliance with statutory requirements. The decision underscores the importance of fair and transparent processes in the negotiation and approval of enterprise agreements.

Southern Quarries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established