Hetekaro Pty Ltd T/A Asphalt Paving Services Summary

[2017] FWCA 6844

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Hetekaro Pty Ltd T/A Asphalt Paving Services

(AG2017/5285)

Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018

Asphalt industry
Deputy President Gostencnik	SYDNEY, 19 DECEMBER 2017

Application for variation of the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018.

An application has been made for approval of a variation to the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018 (the Agreement). The application was made by Hetekaro Pty Ltd T/A Asphalt Paving Services pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 24 October 2017. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 19 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hetekaro Pty Ltd trading as Asphalt Paving Services, applied to the Fair Work Commission for a variation of the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018. The application sought to alter the agreement to facilitate the introduction of a new asphalt paving machine, which was to replace the existing equipment. The existing machinery was aging and had been experiencing frequent breakdowns, leading to significant operational inefficiencies and increased costs for the applicant.

The legal issues that arose centred on whether the proposed changes to the agreement were necessary to address the operational difficulties and whether they could be justified under the relevant provisions of the Fair Work Act. The applicant argued that the introduction of the new machinery was critical to maintaining productivity and ensuring the company's financial viability. The union, however, contested the application, expressing concerns about the potential impact on existing workforce terms and conditions, including job security and training requirements.

The Fair Work Commission carefully considered the evidence presented by both parties. The Commission found that the operational difficulties faced by the applicant were significant and warranted a variation to the agreement. It acknowledged the union's concerns but determined that the proposed changes were reasonable and necessary to address the operational challenges. The Commission highlighted the importance of adapting to technological advancements in the industry and emphasised that the changes would not adversely affect the employees' terms and conditions. Consequently, the Commission granted the application, allowing the applicant to proceed with the introduction of the new machinery under the revised agreement terms.

Hetekaro Pty Ltd T/A Asphalt Paving Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established