DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Accurate Road Profiling Services Pty Ltd T/A Accurate Road Profiling
(AG2017/868)

ACCURATE ROAD PROFILING SERVICES PTY LTD ABN 59 611 437 499 SINGLE ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Accurate Road Profiling Services Pty Ltd ABN 59 611 437 499 Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Accurate Road Profiling Services Pty Ltd ABN 59 611 437 499 Single 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 Accurate Road Profiling Services Pty Ltd T/A Accurate Road Profiling. 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 Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 28 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Applicant, Accurate Road Profiling Services Pty Ltd trading as Accurate Road Profiling, applied for approval of the Accurate Road Profiling Services Pty Ltd ABN 59 611 437 499 Single Enterprise Agreement 2017. The Applicant sought approval of the agreement under section 232 of the Fair Work Act 2009, as a single-enterprise agreement. The Applicant’s application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the good faith bargaining obligations, and whether it contained all the prescribed terms and conditions of employment.

The Commission identified the legal issues as whether the agreement was made in good faith, whether it contained all the prescribed terms and conditions of employment, and whether it met the requirements of the Fair Work Act 2009. The Applicant argued that the agreement was made in good faith and contained all the prescribed terms and conditions of employment. The Respondent argued that the agreement was not made in good faith and did not contain all the prescribed terms and conditions of employment. The Commission considered the evidence and submissions from both parties and found that the agreement was made in good faith and contained all the prescribed terms and conditions of employment. The Commission also found that the agreement met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the application and registered the agreement. The Commission found that the agreement was made in good faith and contained all the prescribed terms and conditions of employment. The Commission also found that the agreement met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for a significant increase in wages and improved conditions for the employees. The Commission concluded that the agreement was in the best interests of the employees and the employer and approved the application.

Accurate Road Profiling Services Pty Ltd T/A Accurate Road Profiling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established