DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elite Roads Pty Ltd
(AG2018/4773)

ELITE ROADS PTY LTD, (ASPHALT) ENTERPRISE AGREEMENT 2018 TO 2021

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Elite Roads Pty Ltd, (Asphalt) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Elite Roads Pty Ltd, (Asphalt) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 40 – Annual leave

• Clause 40 – Termination

• Clause 43 – Carers leave

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elite Roads Pty Ltd applied to the Fair Work Commission for approval of the Elite Roads Pty Ltd (Asphalt) Enterprise Agreement 2018 to 2021. The company claimed that the agreement met the requirements of the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia, arguing that the agreement did not comply with the Act and the relevant industrial instruments. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the agreement complied with the statutory requirements and provided for minimum entitlements and conditions of employment as outlined in the Act and relevant industrial instruments. The court had to consider whether the agreement met the standards set by the Fair Work Act 2009 and the applicable awards and agreements. The court also had to assess if the agreement provided for minimum entitlements and conditions of employment, including wages, hours of work, leave entitlements, and other conditions.

The Fair Work Commission found that the agreement complied with the statutory requirements and provided for minimum entitlements and conditions of employment. The Commission noted that the agreement contained provisions for wages, hours of work, leave entitlements, and other conditions that met or exceeded the minimum standards set by the Fair Work Act 2009 and the relevant industrial instruments. The Commission also found that the agreement was the product of genuine bargaining between the parties. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the Elite Roads Pty Ltd (Asphalt) Enterprise Agreement 2018 to 2021 and made orders to that effect. The Commission found that the agreement complied with the statutory requirements and provided for minimum entitlements and conditions of employment. The Commission noted that the agreement contained provisions for wages, hours of work, leave entitlements, and other conditions that met or exceeded the minimum standards set by the Fair Work Act 2009 and the relevant industrial instruments. The Commission also found that the agreement was the product of genuine bargaining between the parties.

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