DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hetekaro Pty Ltd T/A Asphalt Paving Services
(AG2017/90)

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

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 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.

[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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 January 2017 and, in accordance with s.54, will operate from 27 January 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hetekaro Pty Ltd T/A Asphalt Paving Services has applied to the Fair Work Commission for the approval of the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018. The application was made by the Australian Workers' Union, the registered trade union of the employees involved, on behalf of the employer. The primary issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and efficient system for resolving workplace disputes and contained appropriate terms and conditions for the employees.

The commission considered the arguments presented by both parties and examined the terms of the agreement. It was noted that the agreement provided for a structured process for resolving disputes, including the establishment of a Dispute Resolution Committee and the right to escalate disputes to the Fair Work Commission if necessary. The commission found that the agreement contained reasonable terms and conditions for the employees, including provisions for wages, leave entitlements, and other benefits. The commission also considered the views of the employees, as expressed through a ballot conducted by the union, which showed a majority in favour of the agreement.

After carefully reviewing the evidence and arguments presented, the commission determined that the agreement met the criteria for approval under the Fair Work Act 2009. The commission found that the agreement provided for a fair and efficient system for resolving workplace disputes and contained appropriate terms and conditions for the employees. Accordingly, the commission approved the Asphalt Paving Services A.W.U Victoria Asphalt Agreement 2016 to 2018. The final orders of the commission included the approval of the agreement and the setting aside of any previous agreement between the parties. The agreement is now legally binding on both the employer and the employees for the specified period.

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