Rabs Paving Group Pty Ltd

[2024] FWCA 3998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rabs Paving Group Pty Ltd

(AG2024/3755)

R.A.B.S PAVING SERVICES PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2024 TO 2025

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 15 NOVEMBER 2024

Application for approval of the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2024 to 2025

Rabs Paving Group Pty Ltd has applied for approval of an enterprise agreement known as R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2024 to 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and, in accordance with s 54 of the Act and clause 4 of the Agreement, will operate from the first pay period commencing on or after 22 November 2024.

In accordance with clause 4 of the Agreement, the nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Rabs Paving Group Pty Ltd applied for approval of a proposed enterprise agreement between the company and the Australian Workers' Union Victoria Asphalt Branch. The application was heard by the Fair Work Commission, which had to decide whether the agreement was in the best interests of the employees and the employer. The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was appropriate to approve the agreement given the nature of the work and the relationship between the parties.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including pay and hours of work, and whether it allowed for effective workplace relations. The Commission noted that the agreement was negotiated in good faith and that both parties had demonstrated a willingness to reach a fair and reasonable outcome. The Commission concluded that the agreement was in the best interests of the employees and the employer and approved the application. The Commission found that the agreement provided for fair and reasonable terms and conditions, including pay and hours of work, and that it allowed for effective workplace relations.

The Fair Work Commission approved the R.A.B.S PAVING SERVICES PTY LTD A.W.U Victoria Asphalt Agreement 2024 to 2025. The Commission found that the agreement was in the best interests of the employees and the employer and that it provided for fair and reasonable terms and conditions, including pay and hours of work. The Commission also found that the agreement allowed for effective workplace relations and that it was negotiated in good faith. The Commission's decision was based on the evidence presented and the provisions of the Fair Work Act 2009. The agreement is now in effect and will govern the employment relationship between the Rabs Paving Group Pty Ltd and the Australian Workers' Union Victoria Asphalt Branch for the period 2024 to 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established