DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Econopave Asphalt Services Pty Ltd
(AG2017/3311)

ECONOPAVE ASPHALT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Econopave Asphalt Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Econopave Asphalt Services Pty Ltd 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 Econopave Asphalt Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Econopave Asphalt Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Econopave Asphalt Services Pty Ltd Enterprise Agreement 2017. The dispute centred around the proposed agreement between the employer and the employees, seeking to establish the terms and conditions of employment. The application was brought forth under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the necessary criteria for registration and approval.

The primary legal issues that the Commission had to address were whether the agreement contained all the mandatory terms as required by the Act, and if it had been made in accordance with the procedural requirements. Additionally, the Commission needed to consider if the agreement was fair and whether it was likely to have a beneficial effect on the employees. The Commission examined the submissions made by both parties and reviewed the agreement to ensure it complied with the legislative framework.

The Commission found that the agreement did indeed contain all the mandatory terms and was made in accordance with the procedural requirements of the Act. It was also determined that the agreement was fair and would have a beneficial effect on the employees. The Commission highlighted the importance of the agreement in providing certainty and stability for both the employer and the employees. Based on these findings, the Commission approved the Econopave Asphalt Services Pty Ltd Enterprise Agreement 2017, and it was registered with the Fair Work Commission.

The final orders of the Commission included the approval and registration of the agreement, effective from the date of the decision. The employer and the employees were required to abide by the terms and conditions set out in the agreement. The Commission's decision provided a clear and concise resolution to the dispute, ensuring that the rights and obligations of both parties were protected under the terms of the approved enterprise agreement.

Econopave Asphalt Services 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