RABS Paving Services Pty Ltd

[2016] FWCA 8579

[2016] FWCA 8579

FAIR WORK COMMISSION

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

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Annexure A