Clark Asphalt Pty Limited T/A Clark Asphalt Summary

[2013] FWCA 6910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Clark Asphalt Pty Limited T/A Clark Asphalt
(AG2013/2496)

CLARK ASPHALT AWU ENTERPRISE AGREEMENT 2013-2016

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Clark Asphalt AWU Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Clark Asphalt AWU Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clark Asphalt Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Clark Asphalt Pty Limited, trading as Clark Asphalt, applied to the Fair Work Commission for approval of their Enterprise Agreement 2013-2016 with the Australian Workers' Union. The application came before the Fair Work Commission, which is tasked with ensuring that enterprise agreements are fair and meet the standards set out in the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement, specifically whether it complied with the statutory requirements for enterprise agreements under Australian labour law.

The legal issues before the Commission were primarily whether the agreement contained all the prescribed minimum terms and conditions, whether it was negotiated in good faith, and whether it provided for a proper process for resolving workplace disputes. The Commission had to examine the negotiation process to ensure that the agreement was genuinely negotiated between the parties, and it also needed to consider whether the agreement provided for adequate mechanisms for dispute resolution. Furthermore, the Commission assessed whether the agreement complied with the 'better off overall test', which requires that employees be no worse off financially and have at least the same conditions as those provided by the applicable award or registered agreement.

The Fair Work Commission found that the agreement was negotiated in good faith and contained all the prescribed minimum terms and conditions. The Commission noted that the negotiation process involved multiple meetings and correspondences between the parties, which demonstrated a genuine attempt to reach an agreement. It was also satisfied that the agreement provided for adequate dispute resolution mechanisms, including the establishment of a dispute resolution committee. In terms of the 'better off overall test', the Commission determined that the agreement provided for a fair and reasonable set of conditions for employees, taking into account the overall benefits and protections provided. Therefore, the Commission approved the Enterprise Agreement 2013-2016.

In conclusion, the Fair Work Commission approved the Clark Asphalt AWU Enterprise Agreement 2013-2016, finding that it complied with all the statutory requirements and provided fair and reasonable terms and conditions for employees. The Commission's decision highlights the importance of a genuine negotiation process and the inclusion of adequate dispute resolution mechanisms in enterprise agreements. The approval of the agreement ensures that the terms and conditions of employment for employees of Clark Asphalt are protected under the Fair Work Act 2009.

Clark Asphalt Pty Limited T/A Clark Asphalt

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established