Stabilised Pavements Australia Pty Limited Summary

[2013] FWCA 2117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stabilised Pavements Australia Pty Limited
(AG2013/775)

STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 APRIL 2013

Application for approval of the Stabilised Pavements of Australia Enterprise Agreement 2012

[1] An application has been made for approval of an enterprise agreement known as the Stabilised Pavements of Australia Enterprise Agreement 2012 (the Agreement). The application was made by Stabilised Pavements of Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[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 Australian Workers’ Union, Newcastle, Central Coast of Northern Regions Branch 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 16 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Stabilised Pavements Australia Pty Limited applied for the approval of the Stabilised Pavements of Australia Enterprise Agreement 2012. The dispute was between the employer and its employees, specifically those covered by the enterprise agreement. The enterprise agreement outlined the terms and conditions of employment for the employees, including wages, hours of work, and other employment-related matters.

The legal issues before the commission included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "good faith" bargaining and the "better-off-overall" test. The commission also needed to consider whether the agreement provided for a fair and reasonable outcome for both parties.

The commission found that the enterprise agreement was made in good faith and met the better-off-overall test. The commission was satisfied that the agreement provided for a fair and reasonable outcome for both the employer and the employees. The commission noted that the agreement provided for wage increases, improved conditions of work, and other benefits for the employees, while also providing for a degree of flexibility for the employer. The commission approved the enterprise agreement, and it came into effect on 1 July 2012.

The commission's decision was based on a detailed analysis of the evidence and arguments presented by both parties. The commission found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act. The commission also noted that the agreement provided for a balanced outcome for both the employer and the employees, and that it would promote industrial peace and harmony in the workplace.

Stabilised Pavements Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established