Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt

[2017] FWCA 235

[2017] FWCA 235

FAIR WORK COMMISSION

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

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