DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadworx Surfacing Pty Ltd
(AG2017/349)

ROADWORX SURFACING AGREEMENT 2016 - 2019

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 6 MARCH 2017

Application for approval of the Roadworx Surfacing Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roadworx Surfacing Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadworx Surfacing Pty Ltd T/As Roadworx. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 2 March 2017 and, in accordance with s.54, will operate from 13 March 2017. The nominal expiry date of the Agreement is 6 March 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadworx Surfacing Pty Ltd applied to the Fair Work Commission for approval of the Roadworx Surfacing Agreement 2016 - 2019. The applicant, an employer, sought approval of the agreement that contained terms and conditions of employment for its employees, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and appropriateness of the proposed agreement and whether it complied with relevant industrial laws.

The central legal issues revolved around the fairness and appropriateness of the proposed agreement. The Commission had to determine whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was appropriate for the employees it covered, and if it provided for fair and efficient workplace relations. Furthermore, the Commission had to ensure that the agreement was not contrary to public policy or industrial law.

In reaching its decision, the Commission examined the submissions and evidence presented by the parties. It considered the nature of the proposed agreement, the process by which it was negotiated, and whether it complied with the relevant legislative requirements. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and efficient workplace relations. The Commission also determined that the agreement was not contrary to public policy and did not contravene any industrial law.

The Fair Work Commission approved the Roadworx Surfacing Agreement 2016 - 2019, finding it to be appropriate and in compliance with the Fair Work Act 2009. The Commission's decision recognised the agreement as a fair and efficient means of regulating workplace relations between the employer and the employees covered by the agreement.

Roadworx Surfacing 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