DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allroads Pty Ltd
(AG2018/5023)

AUSTRALIAN PAVEMENT SPECIALISTS ASPHALT ENTERPRISE AGREEMENT 2018

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Australian Pavement Specialists Asphalt Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pavement Specialists Asphalt Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allroads Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 1 March 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allroads Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Australian Pavement Specialists Asphalt Enterprise Agreement 2018. The application was brought by the employer, Allroads Pty Ltd, to secure formal endorsement of the enterprise agreement by the Commission. The nature of the dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, if it included appropriate mechanisms for dispute resolution, and if it adhered to the procedural requirements outlined in the Act. The Commission had to examine the fairness of the terms, the processes involved in the agreement's creation, and whether any bargaining had been genuinely conducted between the parties.

In delivering its decision, the Commission noted that the agreement in question was the result of genuine and comprehensive bargaining. The terms of the agreement were found to be fair and reasonable, taking into account the needs of both the employer and the employees. The Commission also highlighted that the agreement contained effective dispute resolution mechanisms and complied with the procedural requirements stipulated in the Act. Consequently, the Commission approved the enterprise agreement, affirming that it met the statutory standards for approval.

The Fair Work Commission's decision underscores the importance of genuine bargaining and fair terms in enterprise agreements, setting a precedent for similar applications in the future.

Allroads 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