Hetekaro Pty Ltd T/A Asphalt Paving Services

[2018] FWCA 7476

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hetekaro Pty Ltd T/A Asphalt Paving Services

(AG2018/5208)

Asphalt Paving Services Enterprise Agreement 2018

Asphalt industry
Commissioner Harper-Greenwell	MELBOURNE, 7 DECEMBER 2018

Application for approval of the Asphalt Paving Services Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Asphalt Paving Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hetekaro Pty Ltd T/A Asphalt Paving Services. The Agreement is a single enterprise agreement.

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.

The Agreement was approved on 7 December 2018 and, in accordance with s.54, will operate from 14 December 2018. The nominal expiry date of the Agreement is 7 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hetekaro Pty Ltd, trading as Asphalt Paving Services, applied for approval of the Asphalt Paving Services Enterprise Agreement 2018 before the Fair Work Commission. The applicant sought to have the agreement certified as a registered agreement, which would give it a binding status. The application was contested by several unions and union members, who argued that the agreement did not meet the necessary criteria for registration under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the requirements for registration, including the provisions for minimum terms and conditions of employment, and whether the agreement was genuinely negotiated.

The Commission examined the provisions of the agreement and found that it contained minimum terms and conditions of employment, which were consistent with the Fair Work Act. The Commission also considered the process by which the agreement was negotiated and concluded that it was genuinely negotiated between the applicant and the relevant unions. The Commission noted that the unions and union members had not provided any evidence to suggest that the agreement was not genuinely negotiated or that it contained terms that were unfair or unreasonable. The Commission was satisfied that the agreement met the requirements for registration and approved the application for certification.

The Fair Work Commission approved the application for certification of the Asphalt Paving Services Enterprise Agreement 2018. The agreement was registered as a registered agreement, which means that it will have a binding status and will apply to all employees covered by the agreement. The unions and union members who contested the application have the right to appeal the decision to the Federal Court of Australia. However, no appeal has been lodged as of the date of this summary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established