Citywide Asphalt Group (Aus) Pty Ltd T/A Citywide Asphalt Group

[2025] FWCA 3448

[2025] FWCA 3448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Citywide Asphalt Group (Aus) Pty Ltd T/A Citywide Asphalt Group

(AG2025/3452)

CITYWIDE ASPHALT GROUP ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER REDFORD	MELBOURNE, 17 OCTOBER 2025

Application for approval of the Citywide Asphalt Group Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as Citywide Asphalt Group Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citywide Asphalt Group (Aus) Pty Ltd T/A Citywide Asphalt Group (Citywide). The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act. 

Interaction with the National Employment Standards 

1. Clause 1.3 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 7.2(b) - Annual leave – accrual

b.Clause 9.1 - Redundancy – alternate employment

Consideration

1. Several issues were raised with Citywide in relation to the Application, in relation to which further submissions were made. On the basis of these submissions, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Workers’ Union (AWU) 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 AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530771  PR792663>