Hiway Stabilizers Australia Pty Ltd

[2019] FWCA 46

[2019] FWCA 46

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hiway Stabilizers Australia Pty Ltd
(AG2018/4866)

HIWAY STABILISING AND CONSTRUCTION AGREEMENT 2018

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JANUARY 2019

Application for approval of the Hiway Stabilising and Construction Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hiway Stabilising and Construction 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 Hiway Stabilizers Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] 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 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.

[4] The Agreement was approved on 4 January 2019 and, in accordance with s.54, will operate from 11 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Annexure A