Hetekaro Pty Ltd Trading AS Asphalt Paving Services

[2025] FWCA 3522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hetekaro Pty Ltd Trading AS Asphalt Paving Services

(AG2025/3177)

ASPHALT PAVING SERVICES ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER ALLISON	MELBOURNE, 22 OCTOBER 2025

Application for approval of the Asphalt paving Services Enterprise Agreement 2025

Hetekaro Pty Ltd trading as Asphalt Paving Services (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Asphalt Paving Services Enterprise Agreement 2025 (the Agreement).

I sought an undertaking from the Employer to clarify which shiftwork employees received the additional week annual leave for the purpose of the National Employment Standards (NES). The Employer provided an undertaking clarifying that both night shift workers and 7-day shift workers as defined under the Asphalt Industry Award 2020 will receive the additional week annual leave for the purpose of the NES.

A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2025. The nominal expiry date of the Agreement is (three years from date of approval so amend when decision is approved) 29 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Hetekaro Pty Ltd, trading as Asphalt Paving Services, and the Fair Work Commission. The dispute pertains to the application for the approval of the Asphalt Paving Services Enterprise Agreement 2025. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The key issues before the Commission included whether the agreement met the requirements for good faith bargaining and if it provided fair and reasonable terms for the employees.

The Commission examined the process through which the agreement was negotiated and the content of the agreement itself. It considered whether the employer had genuinely attempted to bargain in good faith and whether the agreement reflected the outcomes of such bargaining. Additionally, the Commission assessed whether the agreement contained terms that were fair and reasonable in all respects, taking into account the broader economic context and the needs of the employees.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement complied with all statutory requirements and approved it accordingly. The decision was based on the Commission's satisfaction that the agreement provided a balanced outcome for both the employer and the employees, reflecting a genuine attempt to reach a fair agreement through negotiation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established