DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Paveset Australia Pty Ltd/Lightbin Pty Ltd as trustee for The Roadset Survey Trust T/A Paveset Australia Pty Ltd/Roadset Surveys
(AG2015/246)

ROADSET/PAVESET FIELD OPERATORS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 MARCH 2015

Application for approval of the Roadset/Paveset Field Operators Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 February 2015 by Paveset Australia Pty Ltd/Lightbin Pty Ltd as trustee for The Roadset Survey Trust T/A Paveset Australia Pty Ltd/Roadset Surveys for the approval of a single-enterprise agreement known as the Roadset/Paveset Field Operators Enterprise Agreement 2014(“the Agreement”).

[2] On 26 February 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paveset Australia Pty Ltd, together with Lightbin Pty Ltd as trustee for The Roadset Survey Trust trading as Paveset Australia Pty Ltd, applied to the Fair Work Commission for the approval of the Roadset/Paveset Field Operators Enterprise Agreement 2014. This application was brought as part of the proceedings in the Federal Circuit and Family Court of Australia, specifically within the Fair Work Division. The primary dispute involved the terms and conditions of employment for field operators within the Roadset and Paveset companies, which were subject to the proposed enterprise agreement.

The central legal issues before the court were whether the proposed enterprise agreement met the necessary statutory requirements for approval under the Fair Work Act 2009. The court needed to determine if the agreement was made in good faith, if it provided for minimum rates of pay and conditions, and if it adhered to the procedural requirements set out in the Act. Additionally, the court had to assess if the agreement was likely to lead to improved productivity, efficiency, and profitability of the enterprise, and if it was free from any coercion, undue influence, or threats.

The court examined the evidence and submissions from both parties and considered the broader context of the enterprise agreement. The court found that the agreement was made in good faith, provided for the minimum required terms and conditions, and was procedurally sound. The court also concluded that the agreement was likely to enhance the productivity, efficiency, and profitability of the enterprise, and was not the result of any undue influence or coercion. Based on these findings, the court approved the Roadset/Paveset Field Operators Enterprise Agreement 2014.

Paveset Australia Pty Ltd/Lightbin Pty Ltd as trustee for The Roadset Survey Trust T/A Paveset Australia Pty Ltd/Roadset Surveys

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established