DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2016/100)

BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2018

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U Victoria Asphalt Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U Victoria Asphalt Agreement 2015 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied to the Fair Work Commission for approval of a new enterprise agreement with BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION). The union sought to have the agreement registered under the Fair Work Act 2009, which would provide it with protections and benefits not available under state-based industrial awards. The dispute centred on whether the agreement met the statutory requirements for approval, including provisions on minimum pay rates, penalty rates, leave entitlements, and procedural fairness.

The legal issues before the Commission involved interpreting the Fair Work Act and ensuring that the agreement did not undermine the national system of minimum wages and conditions. The Commission needed to determine if the agreement was a "better off overall test" agreement, which means that the benefits to employees outweigh any detriments, and if it contained mandatory terms that were not inconsistent with the national workplace relations system. The union argued that the agreement was fair and met all legal requirements, while the employer contended that certain provisions were overly burdensome.

In its decision, the Fair Work Commission found that the agreement was fair and met the statutory requirements for approval. The Commission concluded that the agreement was a "better off overall test" agreement and did not contain any mandatory terms that were inconsistent with the national workplace relations system. The Commission noted that the agreement provided for reasonable pay rates, leave entitlements, and procedural fairness provisions, and that it did not undermine the national system of minimum wages and conditions.

The Fair Work Commission approved the BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U Victoria Asphalt Agreement 2015 to 2018, and it will now be registered under the Fair Work Act. This decision provides the union and its members with the protections and benefits of an approved enterprise agreement, while also ensuring that the agreement is consistent with the national workplace relations system.

Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established