Asphaltech (Vic) Pty Ltd Trading AS Asphaltech

Case •

[2025] FWCA 1076

•

28 MARCH 2025
[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE528498  PR785636>

Annexure A


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