Roadways Proprietary Limited T/A IHGroup Resources

[2021] FWCA 2246

[2021] FWCA 2246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadways Proprietary Limited T/A IHGroup Resources
(AG2021/4477)

IHGROUP ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 23 APRIL 2021

Application for approval of the IHGroup Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the IHGroup Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadways Proprietary Limited T/A IHGroup Resources. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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. The undertakings are taken to be a term of the agreement.

[3] The Agreement which was voted on by employees contains a number of referencing and time errors which are identified below:

● Page 2 Ordinary Time Rate (definition) refers to Clause 17 but should refer to Clause 18;

● Clause 14.2 refers to Clause 31.1 but should refer to Clause 14.1;

● Clause 17.5 a refers to Clause 17.1 but should refer to Clause 16.1;

● Clause 17.5 c refers to Clause 17.3 but should refer to Clause 16.3;

● Clause 25.1.a.iii Afternoon shift – should read: means any shift at or starting after 10am and before 6pm (not 8:00pm);

● Clause 28.1 a refers to Clause 17 but should refer to Clause 18;

● Clause 28.1 f should reflect a 7.5 hour day (per Clause 24.1);

● Clause 31.2 refers to Clause 30.1 but should refer to Clause 31.1.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A