Hosmar Pty Ltd

[2013] FWCA 2643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hosmar Pty Ltd
(AG2013/203)

TOTAL ASPHALT ENTERPRISE AGREEMENT 2012

Asphalt industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2013

Applicant for approval of the Total Asphalt Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Total Asphalt Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hosmar Pty Ltd applied for approval of the Total Asphalt Enterprise Agreement 2012, which was made by the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers' Union (AWU) on behalf of their members working for Hosmar. The applicant argued that the agreement was made in accordance with the requirements of the Fair Work Act 2009 (Cth). The employer, Hosmar, sought to have the agreement approved by the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue before the FWC was whether the agreement was a 'certified agreement' as defined in section 172 of the Fair Work Act. This required the FWC to consider whether the agreement had been made free from any improper conduct, whether the agreement was made in good faith, and whether it was an enterprise agreement that covered a single enterprise. The FWC also needed to consider the process by which the agreement was made, and whether it complied with the requirements of the Fair Work Act.

In deciding the matter, the FWC found that the agreement was a certified agreement, as it was made in accordance with the Fair Work Act. The FWC found that the agreement was made free from any improper conduct and was made in good faith. The FWC also found that the agreement covered a single enterprise and was made through a process that complied with the requirements of the Fair Work Act. The FWC approved the Total Asphalt Enterprise Agreement 2012 as a certified agreement.

The FWC's decision was based on a detailed analysis of the evidence and the law. The FWC found that the agreement met all the requirements for approval under the Fair Work Act, and that the agreement was in the best interests of the employees and employers involved. The FWC's decision was final and binding, and could not be appealed. The Total Asphalt Enterprise Agreement 2012 was approved and became a legally binding agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established