DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South East Asphalt Pty Limited
(AG2014/10388)

SOUTH EAST ASPHALT ENTERPRISE AGREEMENT 2014

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 19 JANUARY 2015

Application for approval of the South East Asphalt Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the South East Asphalt Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South East Asphalt Pty Limited.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 30 November 2017.

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CaseChat Overview and Summary

In the matter of South East Asphalt Pty Limited, the Fair Work Commission (FWC) was asked to determine whether to approve the South East Asphalt Enterprise Agreement 2014. The application for approval was made by the employer, South East Asphalt Pty Limited, and the union, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), supported the application. The dispute centred on whether the agreement, which was intended to replace an existing enterprise agreement, contained all the necessary provisions as required by the Fair Work Act 2009.

The legal issues before the Commission involved the scrutiny of the agreement to ensure it complied with the statutory requirements for enterprise agreements. These requirements include provisions for minimum wage rates, classification of employees, working conditions, and dispute resolution mechanisms. The Commission had to determine if the agreement provided for these elements in a manner that was consistent with the Act and the principles of industrial fairness.

The Commission reviewed the agreement clause by clause, confirming that it met all the statutory obligations. The agreement provided for minimum wages, employee classifications, and terms and conditions of employment. It also included provisions for dispute resolution. The Commission found that the agreement was fair and reasonable, and approved it under section 233 of the Fair Work Act 2009. The employer and the union's application for approval was therefore granted.

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