DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rich River Asphalt Pty Ltd
(AG2019/3842)

RICH RIVER ASPHALT PTY LTD ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the Rich River Asphalt Pty Ltd Enterprise Agreement 2019.

[1] Rich River Asphalt Pty Ltd has made an application for approval of an enterprise agreement known as the Rich River Asphalt Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 6 November 2019 and, in accordance with s 54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rich River Asphalt Pty Ltd is a party to an enterprise agreement which seeks to be approved by the Fair Work Commission. The agreement was entered into by the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute concerns the terms and conditions of employment under this agreement, particularly those relating to shiftwork and penalty rates. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The court needed to consider whether the agreement provided for a fair and efficient workplace, ensuring that the rights and obligations of both employers and employees were adequately protected.

The legal issues before the court were whether the proposed enterprise agreement complied with the statutory requirements and whether it was sufficiently fair and reasonable. Specifically, the court had to examine the shiftwork provisions and penalty rates as they related to the Fair Work Act's provisions on procedural fairness, good faith bargaining, and the protection of employees' rights. The court was required to determine if the agreement achieved a balance between the interests of the employer and the employees, ensuring that it did not unjustifiably disadvantage either party.

In considering the arguments presented, the Fair Work Commission found that the enterprise agreement largely met the statutory requirements. The commission recognised that the agreement provided for a fair and efficient workplace by offering adequate provisions for shiftwork and penalty rates. The court concluded that the agreement was the product of genuine good faith bargaining and provided for procedural fairness. The commission was satisfied that the agreement did not unjustifiably disadvantage either party, as it provided for reasonable terms and conditions of employment. The court approved the enterprise agreement, finding that it was fair and reasonable, and met the statutory requirements under the Fair Work Act. The decision was made in the interests of achieving a balanced and fair workplace.

Rich River Asphalt 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