DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centofanti Families Unit Trust ATF Victoria Asphalt Pty Ltd T/A Victoria Asphalt Pty Ltd
(AG2019/2525)

VICTORIA ASPHALT PTY LTD A.W.U. VICTORIA ASPHALT AGREEMENT 2017 TO 2021

Asphalt industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 SEPTEMBER 2019

Application for approval of the VICTORIA ASPHALT PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the VICTORIA ASPHALT PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 September 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the application for the approval of the Victoria Asphalt Agreement 2017 to 2021. The applicant was the Centofanti Families Unit Trust ATF Victoria Asphalt Pty Ltd trading as Victoria Asphalt Pty Ltd, and the respondent was the Australian Workers’ Union. The nature of the dispute was the need for the agreement to be approved under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the requirements for approval, specifically whether it facilitated the improvement of workplace relations or the productivity of the enterprise.

The primary legal issue before the court was whether the proposed agreement complied with the criteria set out in section 234 of the Fair Work Act 2009. This section requires that an agreement must be approved if it facilitates the improvement of workplace relations or the productivity of the enterprise. The court had to consider various aspects of the agreement, including its provisions, the bargaining process, and the potential impact on workplace relations and productivity. The court also needed to ensure that the agreement was made in good faith and that there was genuine bargaining.

The Fair Work Commission found that the agreement met the criteria for approval. The court concluded that the agreement facilitated the improvement of workplace relations and productivity, as evidenced by the provisions that aimed to enhance communication, provide better dispute resolution mechanisms, and address specific workplace issues. The court also noted the genuine nature of the bargaining process and the absence of any unfair terms. Consequently, the court approved the Victoria Asphalt Agreement 2017 to 2021.

Centofanti Families Unit Trust ATF Victoria Asphalt Pty Ltd T/A Victoria Asphalt 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