DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RABS Paving Services Pty Ltd
(AG2016/6839)

RABS PAVING PROFILING SERVICES, PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2016 TO 2019

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the RABS Paving Profiling Services, Pty Ltd A.W.U Victoria Asphalt Agreement 2016 to 2019.

[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 2016 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RABS Paving Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.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.

[5] 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.

[6] 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.

[7] The Agreement was approved on 30 November 2016 and, in accordance with s.54, will operate from 7 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter between RABS Paving Services Pty Ltd and the Australian Workers' Union, Victoria Branch was heard. The dispute centred on the approval of the RABS Paving Profiling Services, Pty Ltd A.W.U Victoria Asphalt Agreement 2016 to 2019. The union sought approval for this agreement, which would establish the terms and conditions of employment for its members working in the asphalt industry under the purview of RABS.

The legal issues before the Commission involved ensuring that the proposed agreement was fair and reasonable, complied with the relevant legislative framework, and did not unduly disadvantage either party. The Commission had to consider the balance of the agreement, the context of the industry, and whether the agreement met the standards of procedural and substantive fairness as required by the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement adequately addressed the needs of the employees and the operational requirements of the employer.

After reviewing the evidence and submissions from both parties, the Commission determined that the proposed agreement was fair and reasonable. The Commission found that the agreement met the necessary standards for procedural fairness, as it had been negotiated in good faith and the union had adequately represented its members. The substantive fairness of the agreement was also upheld, as it provided for a balanced set of terms that were not unduly harsh or one-sided. The Commission approved the agreement, noting that it would serve as a fair basis for the employment relationship between RABS and its employees covered by the agreement.

The Commission's decision concluded with an order approving the RABS Paving Profiling Services, Pty Ltd A.W.U Victoria Asphalt Agreement 2016 to 2019. This approval meant that the agreement would become the basis for the terms and conditions of employment for the union members involved, providing certainty and stability in their working relationship with RABS.

RABS Paving Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established