DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Stabilised Pavements Australia Pty Limited
(AG2021/214)

STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2021

Application for variation of the STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of a variation to the STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made by Stabilised Pavements Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 9 May 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 25 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stabilised Pavements Australia Pty Limited applied for a variation of the Stabilised Pavements of Australia Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the primary focus on the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were justifiable under the Fair Work Act 2009. The applicant argued that the changes were necessary to address operational efficiencies and market competitiveness. The respondents, representing the employees, contended that the proposed changes would negatively impact job security, working conditions, and remuneration.

In delivering its decision, the Fair Work Commission carefully considered the evidence presented by both parties. The Commission assessed whether the proposed variations met the criteria for good faith bargaining and the need to ensure fair and reasonable terms for both employers and employees. The Commission concluded that the applicant had not sufficiently demonstrated that the changes were necessary and justifiable. The proposed variations did not align with the principles of maintaining fair and reasonable terms for employees, particularly regarding job security and remuneration.

As a result, the Fair Work Commission dismissed the application for variation of the enterprise agreement. The 2018 agreement remained in effect, and no changes were implemented. This decision ensured that the existing terms and conditions of employment continued to apply, safeguarding the rights and interests of the employees involved.

Stabilised Pavements Australia 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