Rich River Asphalt Pty Ltd
[2024] FWCA 4536
•17 DECEMBER 2024
| [2024] FWCA 4536 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Rich River Asphalt Pty Ltd
(AG2024/4355)
RICH RIVER ASPHALT ENTERPRISE AGREEMENT 2024
| Asphalt industry | |
| COMMISSIONER PERICA | MELBOURNE, 17 DECEMBER 2024 |
Rich River Asphalt Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Rich River Asphalt Enterprise Agreement 2024 (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 Agreement incorporates the delegate’s rights term in the Asphalt Industry Award 2020 by reference. Clause 1.4(a) of the Agreement incorporates the Award including the Award Delegates Rights Term. The Agreement therefore meets the requirement under s 205A. A copy of cl 26A (the Award delegates rights term) is attached to this decision as Annexure A.
The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure B. 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 Agreement is approved today 17 December 2024. It will operate from 24 December 2024 as required by section 54 of the Act. The nominal expiry date is 1 July 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
Annexure B
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