Queensland Road Surfaces Contracting Pty Ltd

[2023] FWCA 1564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Road Surfaces Contracting Pty Ltd

(AG2023/1442)

QUEENSLAND ROAD SURFACES CONTRACTING PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Asphalt industry
DEPUTY PRESIDENT BELL	MELBOURNE, 31 MAY 2023

Application for approval of the Queensland Road Surfaces Contracting Pty Ltd Single Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Queensland Road Surfaces Contracting Pty Ltd Single Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Queensland Road Surfaces Contracting Pty Ltd. The Agreement is a single enterprise agreement.

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 was approved on 31 May 2023 and, in accordance with s.54 of the Act, will operate from 7 June 2023. The nominal expiry date of the Agreement is 30 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Queensland Road Surfaces Contracting Pty Ltd applied for approval of a new single enterprise agreement. The application was made under section 232 of the Fair Work Act 2009. The dispute involved the proposed terms and conditions of employment for employees within the company's operations.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Act, including whether it provided for minimum entitlements, was free from prohibited content, and was in the best interests of the employees. The Commission also considered whether the agreement appropriately balanced the interests of the employer and the employees.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement met the necessary statutory criteria. The agreement provided for minimum entitlements, was free from prohibited content, and was deemed to be in the best interests of the employees. The Commission took into account the collective bargaining process, the economic context, and the specific needs of the employees. The application was therefore approved, and the new agreement was registered.

The Commission's final order was that the Queensland Road Surfaces Contracting Pty Ltd Single Enterprise Agreement 2023 be approved and registered under section 232 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established