DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elite Roads Pty Ltd
(AG2018/4772)

ELITE ROADS PTY LTD (PROFILING) ENTERPRISE AGREEMENT 2018 TO 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 21 JANUARY 2019

Application for approval of the ELITE ROADS Pty Ltd (Profiling) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the ELITE ROADS Pty Ltd (Profiling) Enterprise Agreement 2018 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elite Roads Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 21 January 2019 and, in accordance with s.54, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Elite Roads Pty Ltd, a company involved in the construction and maintenance of roads, sought approval for their Enterprise Agreement (Profiling) 2018 to 2021 from the Fair Work Commission. The dispute centred around whether the agreement complied with the requirements set forth in the Fair Work Act 2009. This case was heard in the Fair Work Commission, which is responsible for making and varying enterprise agreements and resolving workplace disputes.

The primary legal issues the court needed to address were whether the agreement was made in good faith, whether it had been properly negotiated, and whether it met the minimum standards prescribed by the Fair Work Act. Additionally, the court examined whether the agreement contained appropriate dispute resolution processes and whether the terms and conditions were fair and reasonable.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission concluded that the agreement was made in good faith and was the product of proper negotiation. It also determined that the agreement contained appropriate dispute resolution processes and that the terms and conditions were fair and reasonable. Consequently, the Commission approved the Enterprise Agreement (Profiling) 2018 to 2021, allowing it to come into effect and be binding on the parties involved.

The final orders of the Fair Work Commission were that the Enterprise Agreement (Profiling) 2018 to 2021 be approved and registered, and that it be in effect from the date of the decision. The decision affirmed the agreement's compliance with the relevant statutory requirements, allowing Elite Roads Pty Ltd and the employees covered by the agreement to operate under the terms and conditions established within it.

Elite Roads 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