Citywide Asphalt Group (Aus) Pty Ltd T/A Citywide Asphalt Group
[2022] FWCA 79
•12 JANUARY 2022
[2022] FWCA 79
The attached document replaces the document previously issued with the above code on 12 January 2022.
Corrected publication ID number.
Lucinda Floyd
Relief Associate to Commissioner Harper-Greenwell
13 January 2022.
| [2022] FWCA 79 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Citywide Asphalt Group (Aus) Pty Ltd T/A Citywide Asphalt Group
(AG2021/9048)
CITYWIDE ASPHALT GROUP ENTERPRISE AGREEMENT 2020
| Asphalt industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 12 JANUARY 2022 |
Application for approval of the Citywide Asphalt Group Enterprise Agreement 2020.
An application has been made for approval of an enterprise agreement known as the Citywide Asphalt Group Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The voting opened one day short of the seven clear days from Employees being notified of the details of the vote. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
I observe that clause 7.2(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 organisation.
The Agreement was approved on 12 January 2022 and, in accordance with s.54, will operate from 19 January 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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