DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt
(AG2016/8079)

ALEX FRASER ASPHALT AGREEMENT 2016-2020

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Alex Fraser Asphalt Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Alex Fraser Asphalt Agreement 2016-2020. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alex Fraser Asphalt. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Australian Workers Union 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.

[5] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alex Fraser Asphalt Pty Ltd trading as Alex Fraser Asphalt, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, Asphalt Industry Superannuation Fund, opposed the application on several grounds, including that the agreement was not sufficiently representative of the workforce. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issues before the court were whether the agreement was properly made and whether it was sufficiently representative of the workforce. The court had to consider the process through which the agreement was negotiated and whether it complied with the Fair Work Act 2009. Additionally, the court had to determine whether the agreement was supported by a sufficient majority of the workforce to warrant approval.

The Fair Work Commission found that the agreement was properly negotiated and made in accordance with the statutory requirements. The court held that the evidence demonstrated that the agreement was supported by a majority of the employees, and therefore, it was sufficiently representative. The court rejected the respondent's argument that the agreement did not accurately reflect the views of the workforce. Consequently, the court approved the agreement.

The Fair Work Commission approved the Alex Fraser Asphalt Agreement 2016-2020, finding it to be properly negotiated, made, and sufficiently representative of the workforce. The court's decision affirmed the agreement, which will now govern the employment terms and conditions of the workers involved.

Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established