Centre State Asphalting Pty Ltd

[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

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.

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.

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.

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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CaseChat Overview and Summary

Centre State Asphalting Pty Ltd, an asphalting company, sought approval for the Centre State Asphalting Enterprise Agreement 2023 under the Fair Work Act 2009. The application was made by the employer, and the Australian Industrial Relations Commission (AIRC) was responsible for determining whether the agreement met the legal criteria for approval. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), did not oppose the application but raised certain objections to specific provisions.

The legal issues before the AIRC involved whether the agreement complied with the requirements of the Fair Work Act, particularly whether it contained all the necessary elements and if any provisions were unfair. The AIRC had to consider the balance of rights and obligations, the procedural fairness in the negotiation process, and the fairness of specific provisions in the context of the enterprise.

The AIRC found that the agreement contained all the necessary elements and was procedurally fair. It noted that the union did not oppose the application and had not raised any significant issues. The AIRC also considered the fairness of the provisions and concluded that they did not exhibit any unfairness that would render the agreement unlawful. As a result, the AIRC approved the Centre State Asphalting Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established