Allens Asphalt Pty Ltd Summary

[2025] FWCA 2856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allens Asphalt Pty Ltd

(AG2025/2661)

ALLENS ASPHALT ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER SIMPSON	BRISBANE, 26 AUGUST 2025

Application for approval of the Allens Asphalt Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Allens Asphalt Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Allens Asphalt Pty Ltd and the Transport Workers Union of Australia. The union sought approval of a proposed enterprise agreement, which had been negotiated between the employer and the union. The application for approval was made under section 230 of the Fair Work Act 2009. The primary legal issue for the commission to consider was whether the proposed agreement met the requirements of the Act, particularly in terms of its provisions and compliance with the statutory minimum standards.

In determining whether to approve the agreement, the commission examined the provisions of the proposed agreement to ensure that they did not adversely affect the employees' safety, health, or welfare. The commission also considered whether the agreement provided for the resolution of any disputes between the parties and whether it contained appropriate mechanisms for the review of the agreement. Additionally, the commission assessed whether the agreement met the statutory minimum standards set out in the Fair Work Act, including the provisions relating to minimum rates of pay, penalty rates, and other conditions of employment.

After reviewing the evidence and submissions presented by the parties, the commission found that the proposed agreement did not meet the requirements of the Fair Work Act. Specifically, the commission identified issues with the provisions relating to shift loadings and overtime payments, which did not comply with the statutory minimum standards. The commission also noted that the agreement lacked appropriate dispute resolution mechanisms and did not provide for adequate review provisions. As a result, the commission refused to approve the proposed enterprise agreement.

The Fair Work Commission ordered that the proposed Allens Asphalt Enterprise Agreement 2024 be refused approval. The commission directed the parties to continue negotiations in good faith to reach an agreement that met the requirements of the Fair Work Act and adequately protected the rights and interests of the employees.

Allens Asphalt Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established