DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitu-mill Services Pty Ltd T/A Bitu-mill
(AG2019/2070)

BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U VICTORIA ASPHALT AGREEMENT 2019 TO 2021

Asphalt industry
COMMISSIONER JOHNS	SYDNEY, 26 JUNE 2019

Application for approval of the BITU-MILL SERVICES PTY LTD (ASPHALT DIVISION) A.W.U Victoria Asphalt Agreement 2019 to 2021.

[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 2019 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bitu-mill Services Pty Ltd T/A Bitu-mill. 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Bitu-Mill Services Pty Ltd T/A Bitu-Mill, an asphalt division of A.W.U Victoria, which sought approval for the Asphalt Agreement 2019 to 2021. The primary issue was whether the terms and conditions outlined in the proposed agreement complied with the Fair Work Act 2009, particularly in terms of wages, conditions of employment, and the rights and obligations of both employers and employees.

The legal issues the court needed to address included whether the proposed agreement provided adequate minimum wage rates, overtime provisions, penalty rates, and leave entitlements. The court also considered if the agreement appropriately balanced the rights and obligations of the employer and employees, including dispute resolution mechanisms and the incorporation of existing awards and agreements.

The Fair Work Commission found that the proposed agreement met the statutory requirements set forth by the Fair Work Act 2009. The agreement provided for adequate wage rates, overtime, penalty rates, and leave entitlements that aligned with or exceeded the minimum standards set by the relevant awards. Additionally, the agreement effectively balanced the rights and obligations of both parties and incorporated necessary dispute resolution mechanisms. As a result, the court approved the Asphalt Agreement 2019 to 2021.

No further orders were made beyond the approval of the agreement.

Bitu-mill Services Pty Ltd T/A Bitu-mill

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established