DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Independent Asphalt Services Group Pty Ltd
(AG2018/1148)

INDEPENDENT ASPHALT SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JULY 2018

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

[1] An application has been made for approval of a variation to the Independent Asphalt Services Group Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made by Independent Asphalt Services Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 22 May 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 11 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Independent Asphalt Services Group Pty Ltd was the applicant in a recent decision of the Fair Work Commission, seeking a variation to the Independent Asphalt Services Group Pty Ltd Enterprise Agreement 2017 - 2021. The application was made under section 235 of the Fair Work Act 2009, and the matter was heard by Deputy President P. The nature of the dispute was the applicant's request for changes to the enterprise agreement, specifically relating to the introduction of a new role within the company and the adjustment of various pay rates for employees.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act, and if the process followed by the applicant to seek these changes was fair and appropriate. The applicant argued that the changes were necessary due to significant changes in the company's operations and the need to remain competitive in the industry. The applicant also contended that the changes would not result in a detriment to employees and that the process followed was in accordance with the provisions of the Fair Work Act.

In reaching its decision, the Commission considered the relevant provisions of the Fair Work Act, as well as the principles of good faith bargaining and procedural fairness. The Commission found that the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act, as they were not contrary to public policy, did not undermine the operation of the industrial relations system, and were not inconsistent with the objects of the Act. The Commission also found that the process followed by the applicant was fair and appropriate, as it had engaged in good faith bargaining with the relevant union and provided sufficient information and opportunity for the union to respond to the proposed changes.

The Commission ultimately varied the enterprise agreement in accordance with the applicant's request, subject to certain conditions and protections for employees. These conditions included a requirement for the applicant to provide adequate notice and consultation with affected employees, as well as a commitment to ensure that the changes did not result in a detriment to employees. The final orders of the Commission reflected these conditions and required the applicant to implement the varied enterprise agreement in accordance with the terms and conditions set out in the decision.

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