DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asphaltech (Vic) Pty Ltd
(AG2021/6304)

ASPHALTECH (VIC) PTY LTD, A.W.U. VICTORIA ASPHALT AGREEMENT 2020 TO 2023

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2021

Application for approval of the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2020 to 2023.

[1] Asphaltech (Vic) Pty Ltd has made an application for approval of an enterprise agreement known as the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2020 to 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 August 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Asphaltech (Vic) Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Asphalt Agreement 2020 to 2023 between Asphaltech (Vic) Pty Ltd and the Australian Workers' Union Victoria. The agreement proposed a new enterprise agreement to cover employees of Asphaltech (Vic) Pty Ltd for the period of 2020 to 2023. The matter was heard and determined by the Commission in a decision handed down in August 2020.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth) and could be approved as a new enterprise agreement. The Commission needed to determine if the agreement was made in good faith, if it was appropriately certified, and if it contained the necessary minimum terms and conditions of employment as stipulated by the Act. The Commission also considered if the agreement was likely to achieve a productive workplace relationship between the parties.

The Commission found that the Asphalt Agreement 2020 to 2023 was made in good faith and had been certified by an independent certifier. The agreement was determined to contain all the necessary minimum terms and conditions of employment and was likely to achieve a productive workplace relationship between Asphaltech (Vic) Pty Ltd and the employees covered by the agreement. Consequently, the Commission approved the Asphalt Agreement 2020 to 2023 as a new enterprise agreement. The approval of the agreement was made effective from 1 April 2020.

Asphaltech (Vic) Pty Ltd

DECISION

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