Allens Asphalt Pty Ltd

[2013] FWCA 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allens Asphalt Pty Ltd
(AG2012/14392)

ALLENS ASPHALT ENTERPRISE AGREEMENT 2012

Asphalt industry
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2013

Application for approval of the Allens Asphalt Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Allens Asphalt Enterprise Agreement 2012. (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] On 31 January 2013 undertakings were provided by the General Manager of Allens Asphalt Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 11 February 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allens Asphalt Pty Ltd sought approval of the Allens Asphalt Enterprise Agreement 2012, which was made by the Fair Work Commission in accordance with the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) opposed the approval of the agreement, arguing it did not meet the ‘better-off overall test’ and was not in the best interests of the employees.

The central legal issue was whether the agreement provided employees with a fair and reasonable outcome compared to the applicable award, thereby satisfying the 'better-off overall test'. The court also considered whether the agreement was in the best interests of the employees. The applicant argued that the agreement improved employees' wages, entitlements, and working conditions, while the respondent contended that the agreement did not meet the necessary standard for approval.

The Fair Work Commission found that the agreement did indeed satisfy the better-off overall test. The Commission noted that the proposed agreement provided employees with higher wages, better working conditions, and additional benefits compared to the applicable award. The Commission concluded that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable outcome. The application for approval was subsequently granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established