Centre State Asphalting Pty Ltd

[2023] FWCA 2832

[2023] FWCA 2832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centre State Asphalting Pty Ltd

(AG2023/2921)

CENTRE STATE ASPHALTING ENTERPRISE AGREEMENT 2023

Asphalt industry
COMMISSIONER TRAN	MELBOURNE, 5 SEPTEMBER 2023

Application for approval of the Centre State Asphalting Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Centre State Asphalting Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Centre State Asphalting Pty Ltd. The Agreement is a single enterprise agreement.

1. Section 188(4) requires that I cannot be satisfied that the agreement has been genuinely agreed unless I am satisfied that the employer has complied with certain provisions, relevantly ss 173 and 174 regarding the Notice of Representational Rights. The Employer did not comply with the form of the Notice of Representational Rights in Schedule 2.1 to the Fair Work Regulations 2009 (the Regulations) in that. The Notice did contain the content prescribed by the Regulations, but it also contained other content, being the Employer’s letterhead and branding in the header and footer of the document, and page numbering. However, pursuant to s 188(5), I am satisfied that employees covered by the agreement were not likely to have been disadvantaged by these minor technical errors, and am otherwise satisfied that the agreement was genuinely agreed to.

1. Therefore, 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 Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 September 2023. The nominal expiry date of the Agreement is 12 September 2026.

COMMISSIONER

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