Bitumen Sealing Services Pty Ltd

[2014] FWCA 795

The attached document replaces the document previously issued with the above code on 3 February 2014.

The nominal expiry date in paragraph [4] is 3 August 2017 not 3 August 2014.

Abbygayle Lang

Associate to Deputy President Gostencnik

Dated 4 February 2014

[2014] FWCA 795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitumen Sealing Services Pty Ltd
(AG2013/10354)

BITUMEN SEALING SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Bitumen Sealing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bitumen Sealing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bitumen Sealing Services Pty Ltd. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 3 February 2014 and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date of the Agreement is 3 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bitumen Sealing Services Pty Ltd recently sought approval from the Fair Work Commission for the Bitumen Sealing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicant argued that the agreement contained appropriate safeguards to ensure that the agreement was not disadvantageous to the employees. The Australian Workers' Union (AWU) opposed the application, arguing that the agreement did not adequately protect employees from potential exploitation and that the agreement did not provide sufficient protections for workers' rights. The Fair Work Commission was required to determine whether the agreement was appropriate for approval, considering the various provisions of the Fair Work Act 2009 and any relevant common law principles. The court needed to assess whether the agreement was in the best interests of the employees and whether it provided adequate protections for workers' rights and entitlements.

In considering the application, the Fair Work Commission examined the provisions of the agreement and the arguments of both parties. The court found that the agreement contained appropriate safeguards to ensure that the agreement was not disadvantageous to the employees. The court considered that the agreement provided adequate protections for workers' rights and entitlements, including provisions for minimum wages and conditions, dispute resolution mechanisms, and protections against adverse action. The court also found that the agreement was in the best interests of the employees, as it provided a fair and reasonable balance of rights and obligations between the employer and employees. The court approved the agreement, subject to certain modifications to address the concerns of the AWU.

The Fair Work Commission approved the Bitumen Sealing Services Pty Ltd Roy Hill AWU Greenfields Agreement 2013, subject to modifications. The court found that the agreement provided adequate protections for workers' rights and entitlements and was in the best interests of the employees. The modifications included provisions to address the concerns of the AWU, such as additional protections for employees who are subject to zero-hour contracts and provisions for additional training and development opportunities. The court considered that these modifications were necessary to ensure that the agreement was fair and reasonable and provided appropriate safeguards for employees. The approval of the agreement allows for the continued operation of the Bitumen Sealing Services Pty Ltd business and provides a framework for the fair and reasonable treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established