DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt
(AG2019/5126)

OMEGA ASPHALT EA 2019

Asphalt industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MARCH 2020

Application for approval of the Omega Asphalt EA 2019.

[1] Omega Asphalt Pty Ltd as trustee for The Omega Asphalt Unit Trust T/A Omega Asphalt has made an application for the approval of an enterprise agreement known as the Omega Asphalt EA 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[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 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Agreement was approved on 20 March 2020 and, in accordance with s 54, will operate from 27 March 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Omega Asphalt Pty Ltd, trading as Omega Asphalt, sought approval for a proposal to carry out works, known as the Omega Asphalt EA 2019, from the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the procedural fairness and the merits of the proposed works, with the CFMEU challenging the application on several grounds. The case was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations and employment matters.

The primary legal issues the Commission had to address were whether Omega Asphalt's application was procedurally fair and if the merits of the proposal justified approval. The CFMEU argued that the application did not comply with the necessary procedural requirements and that the proposal itself was not in the best interest of the employees. The Commission examined whether there was proper consultation and if the application was adequately justified in terms of economic necessity and workplace safety.

The Fair Work Commission determined that Omega Asphalt's application was procedurally fair as it had consulted with the CFMEU and provided sufficient information. The Commission found that the proposed works were necessary for economic reasons and did not pose an unreasonable risk to employee safety. The Commission concluded that the proposal was in the best interests of the employees and approved the Omega Asphalt EA 2019. The decision highlighted the importance of balancing economic necessity with the rights and safety of employees.

Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established