DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Asphalt Services Group Pty Ltd
(AG2017/1367)

INDEPENDENT ASPHALT SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 22 MAY 2017

Application for approval of the Independent Asphalt Services Group Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Independent Asphalt Services Group Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Independent Asphalt Services Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 22 May 2017 and, in accordance with s.54, will operate from 29 May 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Independent Asphalt Services Group Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The application involved the workers employed by the company, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose over various terms and conditions outlined in the proposed agreement, which the union argued were not fair and reasonable.

The legal issues before the Commission included whether the proposed enterprise agreement was within the scope of the Fair Work Act 2009 and whether it was fair and reasonable. Key points of contention were the classification of certain employees, the application of penalty rates, and the scope of certain clauses in the agreement. The union argued that the proposed agreement was not fair and reasonable because it did not adequately protect the rights of employees.

The Commission found that the proposed agreement was within the scope of the Fair Work Act and contained provisions that were fair and reasonable. The Commission noted that the agreement provided for a balanced distribution of benefits between the parties and did not impose unreasonable terms on the employees. The Commission also found that the classification of employees and the application of penalty rates were appropriate. The Commission approved the enterprise agreement with minor modifications to address the union's concerns.

The Fair Work Commission approved the enterprise agreement with minor modifications to certain clauses. The modifications were designed to address the union's concerns and ensure that the agreement was fair and reasonable. The Commission noted that the agreement provided for a balanced distribution of benefits between the parties and did not impose unreasonable terms on the employees. The modifications included changes to the classification of certain employees and the application of penalty rates.

Independent Asphalt Services Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established