DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2015/6414)

ASPHALT PAVING SERVICES A.W.U. VICTORIA ASPHALT AGREEMENT 2015 TO 2016

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Asphalt Paving Services A.W.U. Victoria Asphalt Agreement 2015 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Asphalt Paving Services A.W.U. Victoria Asphalt Agreement 2015 to 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 12(b) and 41(b) of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the AWU with respect to these undertakings and the AWU has indicated its support for the undertakings.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 4 November 2015. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In this matter, the Australian Workers’ Union (AWU) sought approval of the Asphalt Paving Services A.W.U. Victoria Asphalt Agreement 2015 to 2016. The agreement was brought before the Fair Work Commission (FWC) for approval under section 234 of the Fair Work Act 2009. The application for approval was opposed by the Asphalt Paving Services Industry Association of Victoria (APSIA). The nature of the dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment conditions, as outlined in the proposed agreement.

The legal issues before the FWC included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was in the interests of the national system for the resolution of industrial matters. The FWC also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Building and Construction) Act 2012. The AWU argued that the agreement provided for fair and reasonable terms and conditions of employment, while APSIA opposed the application on various grounds, including that the agreement did not provide for a fair and reasonable wage increase.

The FWC found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that the agreement was in the interests of the national system for the resolution of industrial matters. The FWC rejected the argument that the wage increase was not fair and reasonable, finding that the agreement provided for a reasonable increase in wages over the term of the agreement. The FWC also found that the agreement was consistent with the relevant legislation. The application for approval was therefore granted, and the Asphalt Paving Services A.W.U. Victoria Asphalt Agreement 2015 to 2016 was approved.

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