DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Roadworks Corporation Pty Ltd
(AG2017/131)

AUSTRALIAN ROADWORKS CORPORATION PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 MARCH 2017

Application for approval of the Australian Roadworks Corporation Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Roadworks Corporation Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Roadworks Corporation Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 21 March 2017. The nominal expiry date of the Agreement is 13 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Australian Roadworks Corporation Pty Ltd, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2016-2020. The dispute arose from the terms of the proposed agreement, which the applicants sought to implement across their workforce. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues centred on whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it adhered to the procedural requirements stipulated by the Act.

The Commission considered whether the agreement was made in accordance with the statutory process, including whether proper consultation had occurred and whether the agreement was free from any coercion or undue influence. Additionally, the Commission examined whether the agreement's terms and conditions were fair and reasonable, taking into account various factors such as the nature of the work, the economic circumstances, and the overall balance of the agreement. The applicants argued that the agreement was a product of genuine bargaining and met all necessary legal requirements.

The Fair Work Commission found that the agreement had been made in good faith, with adequate consultation processes in place, and that it contained fair and reasonable terms and conditions. The Commission was satisfied that the applicants had complied with all procedural requirements and that the agreement did not exhibit any signs of coercion or undue influence. Consequently, the Commission approved the Enterprise Agreement 2016-2020, deeming it to be compliant with the relevant statutory provisions.

Australian Roadworks Corporation 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