DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilised Pavements Australia Pty Limited
(AG2018/7330)

STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MAY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stabilised Pavements Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stabilised Pavements Australia Pty Limited sought approval for the Stabilised Pavements of Australia Enterprise Agreement 2018. The application was heard in the Fair Work Commission, where the central issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable for the employees covered by it, whereas the respondent contended that certain provisions did not meet the statutory criteria.

The Commission examined the agreement to determine if it complied with the procedural and substantive fairness requirements. It considered the extent to which the agreement provided for proper representation, allowed for genuine bargaining, and whether it was likely to result in improved workplace relations. The Commission also assessed whether the agreement adequately addressed the employees' wages, conditions, and other matters relevant to their employment.

After careful consideration, the Commission found that the agreement met the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions, with adequate representation and bargaining processes. The Commission concluded that the agreement was likely to contribute to improved workplace relations and was thus approved. The final orders included the approval of the Stabilised Pavements of Australia Enterprise Agreement 2018, which would now be binding on the parties 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