DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Roadverge Pty Ltd T/A Ontime Guardrail
(AG2015/3108)

ROADVERGE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JULY 2015

Application for approval of the Roadverge Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 June 2015 by Roadverge Pty Ltd T/A Ontime Guardrail for the approval of a single-enterprise agreement known as the Roadverge Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] On 8 July 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadverge Pty Ltd, trading as Ontime Guardrail, applied to the Fair Work Commission for approval of the Roadverge Pty Ltd Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the terms and conditions outlined in the proposed enterprise agreement, with the CFMEU arguing that certain provisions were unfair and did not comply with the relevant legislative framework.

The legal issues before the Fair Work Commission required resolution included whether the agreement met the statutory requirements for approval, specifically under the Fair Work Act 2009. This involved examining the fairness of the agreement's provisions, the process through which it was negotiated, and whether it complied with the procedural prerequisites for approval. The Commission also had to determine whether any provisions of the agreement unfairly disadvantaged employees or were otherwise inconsistent with the broader principles of industrial fairness.

In delivering its decision, the Fair Work Commission assessed the evidence and submissions from both parties. The Commission found that the agreement was negotiated in good faith and that the process adhered to the requisite standards. Furthermore, the Commission concluded that the terms of the agreement were fair and did not unjustifiably disadvantage the employees. As a result, the application for approval was granted, and the Roadverge Pty Ltd Enterprise Agreement 2015 was approved.

Roadverge Pty Ltd T/A Ontime Guardrail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established