R.A.B.S Paving Services Pty Ltd Summary

[2025] FWCA 2647

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

(AG2025/2278)

RABS PAVING PROFILING SERVICES PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2025 TO 2028

Asphalt industry
COMMISSIONER PERICA	MELBOURNE, 11 AUGUST 2025

Application for approval of the RABS PAVING PROFILING SERVICES Pty Ltd A.W.U Victoria Asphalt Agreement 2025 to 2028

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 2025 to 2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 11 August 2025. It will operate from 18 August 2025. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of R.A.B.S Paving Services Pty Ltd, the Australian Industrial Relations Commission was tasked with considering an application for the approval of the RABS PAVING PROFILING SERVICES Pty Ltd A.W.U Victoria Asphalt Agreement 2025 to 2028. The application was brought forward by the Australian Workers’ Union, representing the employees of the company, seeking to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The company, R.A.B.S Paving Services Pty Ltd, did not oppose the application, instead focusing its submissions on the appropriateness of the agreement's terms.

The primary legal issue before the commission was whether the proposed agreement contained all the required terms as outlined in the Fair Work Act 2009 and was therefore suitable for approval. The commission had to examine the agreement's provisions to ensure it met the criteria for registration, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith and without any undue coercion. Additionally, the commission had to consider whether the agreement provided for appropriate mechanisms for resolving disputes between the parties.

After careful consideration, the commission found that the proposed agreement satisfied all the necessary requirements for approval. The agreement was comprehensive and included all the mandatory terms stipulated by the Fair Work Act 2009. The commission also determined that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or that would have a detrimental impact on the employees' rights. Consequently, the commission approved the proposed agreement, making it a registered agreement effective from 1 July 2025 until 30 June 2028.

R.A.B.S Paving Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established