DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.A.B.S Paving Services Pty Ltd
(AG2021/6174)

R.A.B.S PAVING SERVICES PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2021 TO 2024

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JULY 2021

Application for approval of the R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2021 to 2024.

[1] R.A.B.S Paving Services Pty Ltd has made an application for approval of an enterprise agreement known as the R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2021 to 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the AWU.

[4] The Agreement was approved on 27 July 2021. The nominal expiry date of the Agreement is 18 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a new enterprise agreement between R.A.B.S Paving Services Pty Ltd and the Australian Workers' Union Victoria Asphalt Branch for the period 2021 to 2024. The primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and was in the best interests of the employees. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were overly restrictive and detrimental to their business operations.

The Commission considered whether the agreement met the requirements of the Fair Work Act, focusing on whether it provided for fair and reasonable terms and conditions, including pay and conditions, redundancy provisions, and dispute resolution mechanisms. The Commission also assessed if the agreement was in the best interests of the employees by evaluating whether it provided adequate protections and benefits while ensuring the employer's ability to operate effectively.

The Commission determined that the agreement generally met the statutory requirements and was in the best interests of the employees. The provisions were considered fair and reasonable, with adequate protections for employees, and the agreement did not unduly restrict the employer's ability to operate their business. The Commission noted that while some provisions could be seen as stringent, they were balanced with sufficient benefits to the employees.

Accordingly, the Commission approved the R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2021 to 2024, effective from 1 January 2021. The decision was based on the balance of the agreement's terms and the overall benefit to the employees, ensuring compliance with the Fair Work Act.

R.A.B.S Paving Services Pty Ltd

DECISION

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