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

Case [2023] FWCA 1070
[2023] FWCA 1070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/926)

VICTORIA ASPHALT PTY LTD A.W.U. VICTORIA ASPHALT AGREEMENT 2021 TO 2025

Asphalt industry

COMMISSIONER JOHNS

MELBOURNE, 13 APRIL 2023

Application for approval of the Victoria Asphalt Pty Ltd A.W.U. Victoria Asphalt Agreement 2021 to 2025

  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 2021 to 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Centofanti Families Unit Trust Atf Victoria Asphalt Pty Ltd T/A Victoria Asphalt Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2023. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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<AE519730  PR761059>

Details
AGLC
Centofanti Families Unit Trust Atf Victoria Asphalt Pty Ltd T/A Victoria Asphalt Pty Ltd [2023] FWCA 1070
Case
[2023] FWCA 1070
Decision Date

CaseChat Overview and Summary

The case involved the Centofanti Families Unit Trust, acting as trustee for Victoria Asphalt Pty Ltd, which applied to the Fair Work Commission for approval of the Victoria Asphalt Pty Ltd A.W.U. Victoria Asphalt Agreement 2021 to 2025. The Australian Workers' Union (AWU) contested the application on the grounds that the agreement did not adequately address several issues, including pay rates, penalty rates, and redundancy provisions.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval.

The Fair Work Commission considered the arguments presented and examined the terms of the agreement in detail. It found that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions for employees and complied with all procedural requirements. The Commission approved the agreement, concluding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Victoria Asphalt Pty Ltd A.W.U. Victoria Asphalt Agreement 2021 to 2025. The decision was based on the finding that the agreement provided for fair and reasonable terms and conditions and complied with the statutory requirements under the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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