Roadways Pty Ltd

[2013] FWCA 3340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadways Pty Ltd
(AG2013/1150)

ASPHALT AND BITUMEN INDUSTRY (ROADWAYS PROPRIETARY LIMITED) ENTERPRISE AGREEMENT, 2013

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 27 MAY 2013

Application for approval of the Asphalt and Bitumen Industry (Roadways Proprietary Limited) Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Asphalt and Bitumen Industry (Roadways Proprietary Limited) Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Roadways Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 14 and 28.4.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 3 June 2013.The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Roadways Pty Ltd was involved in a legal matter concerning the approval of an enterprise agreement, specifically the Asphalt and Bitumen Industry (Roadways Proprietary Limited) Enterprise Agreement, 2013. This application was heard and determined by the Fair Work Commission. The central dispute revolved around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be formally approved and registered.

The legal issues at the heart of this case involved the compliance of the enterprise agreement with the statutory provisions of the Fair Work Act, including whether the agreement had been fairly and genuinely negotiated, covered appropriate bargaining units, and included necessary minimum terms and conditions. The Commission had to examine if the agreement provided for adequate dispute resolution mechanisms and whether it complied with procedural fairness requirements.

In assessing these issues, the Commission undertook a thorough review of the negotiation process, the content of the agreement, and the evidence presented by the parties. It considered the fairness of the bargaining process and the appropriateness of the terms proposed. The Commission found that the agreement was genuinely negotiated, covered the appropriate bargaining units, and included all necessary minimum terms. Furthermore, the Commission was satisfied that the dispute resolution mechanisms were adequate and that the procedural fairness requirements were met. Consequently, the Commission approved the enterprise agreement and ordered its registration.

The Fair Work Commission's decision concluded that the Asphalt and Bitumen Industry (Roadways Proprietary Limited) Enterprise Agreement, 2013, met all the statutory requirements for approval under the Fair Work Act 2009. The agreement was thus registered, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established