R.A.B.S Paving Services Pty Ltd

[2020] FWCA 1556

[2020] FWCA 1556

FAIR WORK COMMISSION

DECISION

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

R.A.B.S Paving Services Pty Ltd
(AG2020/366)

RABS PAVING PROFILING SERVICES PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2019 TO 2022

Asphalt industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 MARCH 2020

Application for approval of the RABS PAVING PROFILING SERVICES Pty Ltd A.W.U Victoria Asphalt Agreement 2019 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the RABS PAVING PROFILING SERVICES Pty Ltd A.W.U Victoria Asphalt Agreement 2019 to 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by R.A.B.S Paving Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer did not provide relevant employees with a copy of the Asphalt Industry Award 2010 (Award), incorporated by reference in the Agreement, or ensure that they had access to a copy of it pursuant to s.180(2) of the Act. However, on the basis of the written submissions made by the Employer, I am satisfied that:

(a) this constitutes a minor procedural or technical error; and

(b) employees covered by the Agreement were not likely to have been disadvantaged by the error. 1

[3] I am therefore satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] Subject to the undertakings, 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Australian Workers’ Union, 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

 1  Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE507531  PR717735>