DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadline Removal (North Coast) Pty Ltd
(AG2019/2009)

ROADLINE REMOVAL (NORTH COAST) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 JUNE 2019

Application for approval of the Roadline Removal (North Coast) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roadline Removal (North Coast) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadline Removal (North Coast) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 25 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadline Removal (North Coast) Pty Ltd applied to the Fair Work Commission for approval of the Roadline Removal (North Coast) Enterprise Agreement 2019. The application was opposed by the Transport Workers Union of Australia. The dispute centred on whether the agreement complied with the relevant legislative requirements for enterprise agreements. The Fair Work Commission heard and determined the matter.

The primary legal issue for the Commission was whether the agreement contained all the mandatory terms required by the Fair Work Act 2009. The Commission also needed to determine whether the agreement had been made in accordance with the procedural requirements of the Act. The Commission considered whether there had been genuine bargaining between the parties and whether the agreement had been properly certified by the Independent Barangaroo Workers' Union.

The Commission found that the agreement did contain all the mandatory terms required by the Act. The Commission was satisfied that the agreement had been made through genuine bargaining and that it had been properly certified. The Commission concluded that the agreement met all the legislative requirements for approval and was in the best interests of the employees. The Commission approved the Roadline Removal (North Coast) Enterprise Agreement 2019.

Roadline Removal (North Coast) 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