Queensland Road Surfaces Contracting Pty Ltd

[2014] FWCA 4867

FAIR WORK COMMISSION

DECISION

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

Queensland Road Surfaces Contracting Pty Ltd
(AG2014/1772)

QUEENSLAND ROAD SURFACES CONTRACTING PTY LTD ENTERPRISE AGREEMENT [2014]

Asphalt industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JULY 2014

Application for approval of the Queensland Road Surfaces Contracting Pty Ltd Enterprise Agreement [2014].

[1] An application has been made for approval of an enterprise agreement known as the Queensland Road Surfaces Contracting Pty Ltd Enterprise Agreement [2014] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Road Surfaces Contracting Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 28 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Road Surfaces Contracting Pty Ltd was the subject of an application for approval of an Enterprise Agreement, which was heard by the Fair Work Commission. The application was brought before the Commission by the Australian Building and Construction Commission, acting on behalf of the parties involved in the dispute. The nature of the dispute centred around the terms and conditions of employment as outlined in the proposed Enterprise Agreement, which aimed to govern the employment relationship between Queensland Road Surfaces Contracting Pty Ltd and its employees.

The legal issues before the Commission included whether the Enterprise Agreement complied with the relevant statutory provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for the protection of employees' rights and entitlements, and whether the agreement had been genuinely negotiated between the parties. The Commission was also required to consider whether the agreement contained terms that were unfair or that did not comply with the Fair Work Act's provisions for minimum standards of employment.

The Fair Work Commission found that the Enterprise Agreement did comply with the statutory requirements of the Fair Work Act, and that the agreement had been genuinely negotiated between the parties. The Commission determined that the agreement provided for the protection of employees' rights and entitlements and that it did not contain any terms that were unfair or non-compliant with the Fair Work Act's provisions for minimum standards of employment. The Commission approved the Enterprise Agreement, noting that it balanced the interests of both the employer and employees, and was in the best interests of the parties involved.

The Fair Work Commission approved the Queensland Road Surfaces Contracting Pty Ltd Enterprise Agreement, effective from the date of the Commission's decision. The approval of the agreement means that it will govern the employment relationship between Queensland Road Surfaces Contracting Pty Ltd and its employees, and will provide for the terms and conditions of employment for those employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established