Western Quarries Pty Ltd

[2023] FWCA 1794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Western Quarries Pty Ltd

(AG2023/1825)

VSA ROADS - QUARRIES ENTERPRISE AGREEMENT 2022

Quarrying industry
COMMISSIONER MIRABELLA	MELBOURNE, 21 JUNE 2023

Application for approval of the VSA Roads - Quarries Enterprise Agreement 2022.

Western Quarries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the VSA Roads - Quarries Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 21 June 2023 and, in accordance with s.54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 28 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Western Quarries Pty Ltd, an employer in the quarrying industry, and a union representing employees within the sector. The dispute centred on the application for the approval of the VSA Roads - Quarries Enterprise Agreement 2022, which aimed to regulate various terms and conditions of employment for the workers. The application was brought before the Fair Work Commission, which holds jurisdiction over such matters under the Fair Work Act 2009. The primary focus of the hearing was to determine whether the proposed agreement met the statutory requirements for approval, particularly in terms of ensuring the agreement did not disadvantage employees.

The legal issues before the Commission included whether the agreement complied with the formal and substantive requirements set out in the Fair Work Act. This encompassed an examination of whether the agreement was made in good faith, whether it contained the necessary minimum terms as prescribed by law, and whether it provided for proper dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement was likely to result in improved productivity and efficiency in the workplace while ensuring fair and equitable treatment of employees.

In delivering its decision, the Commission analysed the content of the proposed agreement in detail, assessing its provisions against the statutory framework. The Commission found that the agreement met all the formal requirements, including being in writing and signed by the appropriate representatives. It was also determined that the agreement contained all the mandated minimum terms and provided for appropriate dispute resolution processes. The Commission concluded that the agreement would likely contribute to enhanced productivity and efficiency within the company, while also ensuring fair treatment of employees. Consequently, the Commission approved the application, and the VSA Roads - Quarries Enterprise Agreement 2022 was ratified.

The Commission's final orders were that the VSA Roads - Quarries Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. This approval enabled the agreement to govern the employment terms and conditions of the employees covered by the agreement, subject to any further orders or variations that may be made by the Commission in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established