DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hetekaro Pty Ltd T/A Asphalt Paving Services
(AG2017/4222)

ASPHALT PAVING SERVICES A.W.U VICTORIA ASPHALT AGREEMENT 2016 TO 2018

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2017

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

[1] 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).

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

[3] 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.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] 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.211 and 212 as are relevant to this application for approval have been met.

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

[7] In accordance with s.216 of the Act, the variation operates from 24 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hetekaro Pty Ltd, trading as Asphalt Paving Services, and the Australian Workers' Union Victoria. The dispute centred around the application for a variation of the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues before the court required an examination of the procedural correctness of the application for variation of the award and whether the changes proposed by the applicant would be fair and reasonable. The court needed to assess the evidence presented regarding the operational context and economic conditions affecting the industry, and to determine if the proposed changes were necessary for the continued viability of the business.

The Fair Work Commission found that the application for variation was procedurally valid and that the proposed changes were both fair and reasonable. The court detailed that the evidence supported the applicant's claims of financial hardship and the need for adjustments in the award to ensure the sustainability of the business. The changes, which included modifications to pay rates and conditions, were deemed necessary in light of the economic challenges faced by the industry.

The court ordered the variation of the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018 as applied for by the applicant. The new terms, which incorporated the proposed changes, were to be effective from the date of the decision and would remain in place for the remainder of the agreement period. This ruling allowed the applicant to adjust its operations in response to the economic conditions, while also ensuring that the employees' rights were protected within the new framework.

Hetekaro Pty Ltd T/A Asphalt Paving Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established