DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centre State Asphalting Pty Ltd
(AG2017/1873)

CENTRE STATE ASPHALTING ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Centre State Asphalting Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Centre State Asphalting Enterprise Agreement 2017 (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 22 June 2017. The nominal expiry date of the Agreement is 22 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Centre State Asphalting Pty Ltd, sought approval of the Centre State Asphalting Enterprise Agreement 2017 under section 231 of the Fair Work Act 2009. The application was heard by the Federal Circuit Court of Australia. The applicant sought the court’s approval for the agreement, which was intended to cover employees engaged in the road construction industry.

The primary legal issue for the court was whether the proposed agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for employees. This involved assessing whether the agreement complied with the Act’s “better off overall test” and whether it contained any terms that were inconsistent with the Act’s objectives. The court had to determine if the agreement provided for fair remuneration and conditions for employees, including minimum rates of pay, penalties for overtime, leave provisions, and other entitlements.

The court found that the proposed agreement met the requirements of the Fair Work Act. It determined that the agreement was fair and reasonable and provided for terms and conditions that were not worse off than the applicable award. The court was satisfied that the agreement complied with the “better off overall test” and did not contain any terms that were inconsistent with the objectives of the Act. The court approved the agreement, finding that it provided for fair and reasonable terms and conditions for employees.

The court made an order approving the Centre State Asphalting Enterprise Agreement 2017 as a registered agreement under section 231 of the Fair Work Act 2009. The agreement is now registered and will apply to employees covered by the agreement.

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