DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilised Pavements of Australia Pty Limited
(AG2021/5499)

STABILISED PAVEMENTS OF AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 JULY 2021

Application for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2021.

[1] Stabilised Pavements of Australia Pty Limited has applied for approval of a single enterprise agreement known as the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and the “better off overall” test. Further information was provided in relation to these concerns.

[3] Stabilised Pavements of Australia Pty Limited sought to correct a typographical error in the original application, by filing an amended application. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 13 July 2021 and, in accordance with s.54, will operate from 20 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stabilised Pavements of Australia Pty Limited applied to the Fair Work Commission for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2021. The applicant sought to have the agreement, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, approved under section 231 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and the Fair Work Regulations 2009, particularly in terms of the provisions regarding pay rates, conditions, and dispute resolution mechanisms.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative requirements. The Commission had to assess the fairness and reasonableness of the agreement's terms, including wage rates, leave entitlements, and dispute resolution processes. It also needed to ensure that the agreement did not unfairly disadvantage any party and was in the best interests of the employees and the employer.

In determining the fairness and reasonableness of the agreement, the Fair Work Commission considered the overall balance of the terms and conditions, the context in which the agreement was negotiated, and any relevant industry standards. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs and interests of both the employer and the employees. It was satisfied that the agreement complied with the relevant legislative requirements and did not unfairly disadvantage any party. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act 2009.

The final orders of the Fair Work Commission included the approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2021, effective from the date of the Commission's decision. The agreement was to be registered with the Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.

Stabilised Pavements of 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