Ash Industries Pty Ltd T/A Ash Industries Asphalt & Bitumen Summary

[2014] FWCA 3753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ash Industries Pty Ltd T/A Ash Industries Asphalt & Bitumen
(AG2014/979)

ASH INDUSTRIES PTY LIMITED SINGLE ENTERPRISE AGREEMENT ABN: 33 096 301 629 APRIL 2014

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 5 JUNE 2014

Application for approval of the Ash Industries Pty Limited SINGLE ENTERPRISE AGREEMENT ABN: 33 096 301 629 April 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ash Industries Pty Limited SINGLE ENTERPRISE AGREEMENT ABN: 33 096 301 629 April 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ash Industries Pty Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 26 May 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Enterprise Bargaining Representative, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ash Industries Pty Ltd trading as Ash Industries Asphalt & Bitumen, applied for approval of a single enterprise agreement. The application was heard in the Fair Work Commission, and the matter was determined by Commissioner Wilson, Deputy President Furness and Member Williams. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The applicants sought to establish a single enterprise agreement that would cover all employees of Ash Industries Pty Ltd, including those in various classifications and roles.

The court needed to determine if the agreement provided for minimum terms and conditions, including pay rates and allowances, hours of work, leave entitlements, and other employment-related matters. Additionally, the court had to consider whether the agreement complied with procedural requirements, such as proper bargaining, and if it was in the best interests of the employees. The key issue was whether the agreement satisfied the legal standards for approval, particularly in terms of its fairness and the process by which it was negotiated.

Commissioner Wilson, Deputy President Furness and Member Williams found that the agreement provided for all minimum terms and conditions required by law. The court was satisfied that the agreement had been negotiated in good faith and that it met the procedural requirements set out in the Fair Work Act. Furthermore, the court concluded that the agreement was fair and reasonable, taking into account the needs of the employees and the business. Consequently, the application for approval was successful, and the agreement was registered.

As a result of the decision, the single enterprise agreement proposed by Ash Industries Pty Ltd was approved and registered by the Fair Work Commission. The agreement now provides the terms and conditions of employment for all relevant employees, and it is binding on both the employer and the employees covered by the agreement.

Ash Industries Pty Ltd T/A Ash Industries Asphalt & Bitumen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established