R.A.B.S Paving Services Pty Ltd

[2018] FWCA 7408

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

R.A.B.S Paving Services Pty Ltd

(AG2018/2220)

R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2020

Asphalt industry
Commissioner Lee	SYDNEY, 5 DECEMBER 2018

Application for approval of the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2020.

An application has been made for approval of an enterprise agreement known as the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.A.B.S Paving Services 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.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 18 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved R.A.B.S Paving Services Pty Ltd, an applicant seeking approval of the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2020, under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, specifically a panel led by Commissioner Delpachitra. The primary dispute centred around the fairness and appropriateness of the terms and conditions outlined in the proposed agreement between the applicant and the Australian Workers Union.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act. This included determining whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms and conditions. The Commission had to consider the balance of rights and obligations, the fairness of the terms, and whether the agreement was likely to promote harmonious, productive, and cooperative workplace relationships.

After reviewing the submissions and evidence from both parties, the Commission concluded that the proposed agreement was fair and reasonable. The terms and conditions were deemed to be appropriate for the industry and were considered to be in the best interests of the employees. The agreement was seen as promoting harmonious, productive, and cooperative workplace relationships. Consequently, the Commission approved the agreement, finding that it met the statutory requirements for approval under the Fair Work Act.

The final orders of the Commission were that the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2017 to 2020 was approved as a registered agreement under section 173 of the Fair Work Act. This approval was effective from the date of the decision and would remain in force until the end of the agreement period. The Commission also directed that the agreement be registered with the Fair Work Commission in accordance with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established