South East Asphalt Pty Ltd Summary

[2018] FWCA 7511

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

South East Asphalt Pty Ltd

(AG2018/3872)

South East Asphalt Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 11 DECEMBER 2018

Application for approval of the South East Asphalt Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the South East Asphalt Enterprise Agreement 2017. (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 Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement was approved on 11 December 2018 and, in accordance with s.54, will operate from 18 December 2018. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

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CaseChat Overview and Summary

South East Asphalt Pty Ltd was the subject of an application before the Fair Work Commission, concerning the approval of the South East Asphalt Enterprise Agreement 2017. The application was made by the Australian Council of Trade Unions (ACTU) on behalf of the employees, who sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed agreement and whether it met the legal requirements for approval under the Act.

The primary legal issues for the Commission to address were whether the agreement provided for fair and reasonable terms, and whether it complied with the procedural requirements for approval. This included verifying that the agreement had been genuinely negotiated, and that it met the criteria for being a single, integrated, and coherent agreement. The Commission also needed to ensure that the agreement did not disadvantage employees in a way that was not reasonably required by the business of the employer.

In reaching its decision, the Commission examined the negotiation process and found it to be genuine, with adequate representation of both parties. The Commission noted the comprehensive nature of the agreement, which covered a wide range of employment terms and conditions. It concluded that the agreement provided for fair and reasonable terms, taking into account the nature of the business and the interests of both employers and employees. The Commission determined that the agreement met all necessary criteria for approval and did not disadvantage employees in a manner not reasonably required by the employer's business. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the South East Asphalt Enterprise Agreement 2017 be approved and registered with the Fair Work Commission, effective from the date of the decision. The approved agreement would then govern the employment terms and conditions for the relevant employees within the organisation.

South East Asphalt Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established