DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centre State Asphalting Pty. Ltd.
(AG2019/2382)

CENTRE STATE ASPHALTING ENTERPRISE AGREEMENT 2019

Asphalt industry
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2019

Application for approval of the Centre State Asphalting Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Centre State Asphalting Enterprise Agreement 2019 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 25 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Centre State Asphalting Pty. Ltd. applied for approval of the Centre State Asphalting Enterprise Agreement 2019. The company sought approval under section 233 of the Fair Work Act 2009 for the agreement, which was made between the employer and employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and compliance of the proposed agreement with statutory requirements and industrial standards.

The legal issues before the Commission involved examining whether the agreement met the statutory criteria for approval, including whether it provided for fair wages and conditions, and whether it was made in good faith. The Commission needed to assess whether the agreement adequately addressed the bargaining positions of both parties and whether it complied with the provisions of the Fair Work Act. Another key issue was whether the agreement appropriately dealt with the interests of the employees and the employer in a balanced manner.

The Commission found that the agreement was fair and reasonable, meeting all the statutory requirements for approval. It determined that the agreement was made in good faith and that it provided for fair wages and conditions. The Commission noted the efforts made by both parties to reach a fair and balanced agreement, and found that the agreement appropriately reflected the bargaining positions of both the employer and the employees. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Centre State Asphalting Enterprise Agreement 2019 as a registered agreement, recognising it as meeting all the statutory requirements for fairness and compliance. The decision confirmed the validity of the agreement and its ability to provide for the fair terms and conditions of employment for the employees of Centre State Asphalting Pty. Ltd.

Centre State Asphalting 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