Stabilised Pavements Of Australia

[2021] FWCA 6571

FAIR WORK COMMISSION

DECISION

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

Stabilised Pavements Of Australia
(AG2021/8044)

SPA SEALING DIVISION (NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2021

Asphalt industry
COMMISSIONER SPENCER	BRISBANE, 5 NOVEMBER 2021

Application for approval of the SPA SEALING DIVISION (NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2021

[1] An application has been made for approval of an enterprise agreement known as the SPA SEALING DIVISION (NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2021. (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 of Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stabilised Pavements of Australia, sought approval of the SPA Sealing Division (North Queensland) Enterprise Agreement 2021. The applicant is a civil contractor involved in the construction industry, and the dispute arose from negotiations with their employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The central issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was certified as a bargain in good faith. The commission considered the evidence presented by both parties, including the union's concerns about the agreement's provisions on wages, conditions, and other matters.

The commission evaluated the arguments regarding the fairness and reasonableness of the agreement, taking into account the economic context and the need to balance the interests of both employers and employees. The commission also examined the certification process and whether the union had genuinely bargained in good faith. After considering all the evidence and arguments, the commission determined that the agreement met the necessary criteria for approval. The commission found that the agreement provided for fair and reasonable terms and conditions and was certified as a bargain in good faith. The commission approved the SPA Sealing Division (North Queensland) Enterprise Agreement 2021, which will now apply to the relevant employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established