DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadline Removal WA Pty Ltd T/A The WA Roadline Removal Trust
(AG2019/2057)

ROADLINE REMOVAL (WA) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 9 JULY 2019

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

[1] Roadline Removal WA Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Roadline Removal (WA) 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] 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 9 July 2019 and, in accordance with s 54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 9 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadline Removal WA Pty Ltd, trading as The WA Roadline Removal Trust, sought approval of the Roadline Removal (WA) Enterprise Agreement 2019 before the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for workers under the proposed agreement, specifically whether it met the requirements for approval under the Act.

The legal issues before the Commission included whether the agreement provided for the proper operation of businesses, the protection of employees' rights, and compliance with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement met the "better off overall test" for employees, ensuring that the agreement provided employees with no less pay and no less overall conditions than they would receive under the applicable award or safety net award.

The Fair Work Commission found that the proposed agreement met the requirements for approval. It ensured the proper operation of businesses by providing for flexible working arrangements, clear roles and responsibilities, and effective dispute resolution mechanisms. The Commission noted that the agreement protected employees' rights by including provisions for minimum leave entitlements, lawful deductions from pay, and appropriate notice periods for termination of employment. Furthermore, the Commission determined that the agreement complied with the Fair Work Act and met the "better off overall test," as it provided employees with no less pay and no less overall conditions than they would receive under the applicable award.

The Fair Work Commission approved the Roadline Removal (WA) Enterprise Agreement 2019, effective from the date of the decision. The approval ensures that the agreement governs the employment terms and conditions for workers under the agreement, providing a fair and balanced outcome for both employers and employees.

Roadline Removal WA Pty Ltd T/A The WA Roadline Removal Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established