DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allens Asphalt Pty Ltd
(AG2020/1636)

ALLENS ASPHALT ENTERPRISE AGREEMENT 2020

Asphalt industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 3 JULY 2020

Application for approval of the Allens Asphalt Enterprise Agreement 2020.

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

[2] The Agreement does not cover all of the employees of Allens Asphalt Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 July 2020. The nominal expiry date of the Agreement is 4 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allens Asphalt Pty Ltd applied for approval of the Allens Asphalt Enterprise Agreement 2020 before the Fair Work Commission. The application was contested by the Australian Manufacturing Workers Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The central dispute centred on whether the agreement provided for adequate minimum wages and conditions, and if it allowed for fair and equitable dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement satisfied the "better off overall test" as required by section 174 of the Fair Work Act, and whether it contained the necessary provisions regarding minimum wages, penalty rates, and dispute resolution. The Commission had to determine if the agreement was fair and reasonable in all its aspects, particularly focusing on the provisions relating to pay rates and dispute resolution.

The Fair Work Commission determined that the Allens Asphalt Enterprise Agreement 2020 did meet the statutory requirements. It found that the agreement provided for adequate minimum wages and conditions, and that the dispute resolution mechanisms were fair and equitable. The Commission concluded that the agreement was likely to result in employees being better off overall, thereby satisfying the statutory criteria for approval. Consequently, the application for approval was granted, and the agreement was registered.

The Commission's final order was that the Allens Asphalt Enterprise Agreement 2020 be approved and registered under the Fair Work Act. This decision ensures that the agreement will serve as the governing contract between Allens Asphalt Pty Ltd and its employees, subject to the terms and conditions outlined within the agreement.

Allens Asphalt Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established