DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allens Asphalt Pty Ltd
(AG2017/1397)

ALLENS ASPHALT ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2017

Application for approval of the Allens Asphalt Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allens Asphalt Enterprise Agreement 2016 (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 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2017. The nominal expiry date of the Agreement is 24 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allens Asphalt Pty Ltd recently applied to the Fair Work Commission (FWC) for the approval of the Allens Asphalt Enterprise Agreement 2016. This application arose from negotiations between Allens Asphalt and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over a new enterprise agreement. The primary dispute centred around the terms and conditions of employment for employees covered by the agreement.

The legal issues before the FWC encompassed several aspects of the agreement. The Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and the procedural legitimacy of the negotiation process. Furthermore, the FWC needed to assess whether the agreement was in the best interests of the employees and whether it provided adequate protections and benefits.

In its decision, the FWC examined the negotiation process and concluded that it was procedurally sound. The Commission also considered the substantive provisions of the agreement, including wages, working conditions, and dispute resolution mechanisms. The FWC found that the agreement was fair and reasonable, and it approved the Allens Asphalt Enterprise Agreement 2016. The approval was based on the FWC's determination that the agreement would serve the best interests of the employees while also balancing the needs of the employer.

As a result of this decision, the Allens Asphalt Enterprise Agreement 2016 has been approved and is now in effect. This approval ensures that the terms and conditions of employment for the covered employees are governed by the provisions of this 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