Asphaltech (Vic) Pty Ltd Trading AS Asphaltech

[2025] FWCA 1076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Asphaltech (Vic) Pty Ltd Trading AS Asphaltech

(AG2025/588)

ASPHALTECH (VIC) PTY LTD, A.W.U. VICTORIA ASPHALT AGREEMENT 2023 TO 2025

Asphalt industry
COMMISSIONER PERICA	MELBOURNE, 28 MARCH 2025

Application for approval of the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2023 to 2025

An application has been made for approval of an enterprise agreement known as the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2023 to 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 28 March 2025. It will operate from 4 April 2025 as required by section 54 of the Act. The nominal expiry date is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Asphaltech (Vic) Pty Ltd, trading as Asphaltech, and the Australian Workers' Union (Victoria branch). The dispute centred on the application for approval of the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2023 to 2025. The application was made to the Fair Work Commission, which was asked to determine whether the proposed agreement complied with the relevant legislative framework and whether it should be approved.

The central legal issues for the Commission to decide were whether the proposed agreement met the criteria for being a "single interest employer agreement" as defined in the Fair Work Act 2009 and whether the agreement provided for appropriate terms and conditions that were fair and reasonable. The Commission also needed to consider if the agreement appropriately balanced the interests of the employer and the employees and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

In its decision, the Commission examined the terms of the proposed agreement in detail. It found that the agreement met the requirements for being a single interest employer agreement and was consistent with the legislative framework. The Commission also determined that the agreement provided fair and reasonable terms and conditions for the employees and appropriately balanced the interests of both the employer and the employees. The Commission approved the agreement, stating that it was satisfied that the agreement met the necessary criteria and was in the best interests of all parties involved.

The Fair Work Commission approved the Asphaltech (Vic) Pty Ltd, A.W.U. Victoria Asphalt Agreement 2023 to 2025. The approval was based on the determination that the agreement was a single interest employer agreement, provided fair and reasonable terms and conditions, and appropriately balanced the interests of the employer and employees. This decision provides clarity and legal certainty for both Asphaltech and the A.W.U. Victoria in relation to the terms of their industrial agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established