DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Asphalt Pty Limited
(AG2020/3650)

SOUTH EAST ASPHALT ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the South East Asphalt Enterprise Agreement 2020.

[1] Application has been made by South East Asphalt Pty Limited for approval of a single enterprise agreement known as the South East Asphalt Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

South East Asphalt Pty Limited applied for the approval of the South East Asphalt Enterprise Agreement 2020 by the Fair Work Commission. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute arose because the applicant wanted to ensure that the terms and conditions outlined in the agreement would be legally binding and enforceable.

The legal issues before the court included whether the agreement met the requirements for approval under the Fair Work Act. This required examining whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the minimum terms and conditions set out in the relevant industrial instrument. Additionally, the court needed to consider whether the agreement would have a detrimental effect on employees or the industrial relations system.

The court found that the agreement had been made in accordance with the procedural requirements of the Act, and it contained the minimum terms and conditions set out in the relevant industrial instrument. The court also determined that the agreement would not have a detrimental effect on employees or the industrial relations system. Therefore, the court approved the agreement.

The Fair Work Commission approved the South East Asphalt Enterprise Agreement 2020, finding that it met the necessary requirements under the Fair Work Act. The agreement was deemed to have been made in accordance with the procedural requirements of the Act and contained the minimum terms and conditions. The court further found that the agreement would not have a detrimental effect on employees or the industrial relations system.

South East Asphalt Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established