DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilised Pavements of Australia Pty Limited
(AG2018/494)

SPA SEALING DIVISION ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER JOHNS	MELBOURNE, 11 MAY 2018

Application for approval of the SPA Sealing Division Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the SPA Sealing Division Enterprise Agreement 2017 (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 Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Stabilised Pavements of Australia Pty Limited, applied to the Fair Work Commission for approval of the SPA Sealing Division Enterprise Agreement 2017. The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The court was tasked with examining whether the agreement contained the necessary provisions and was free from any unfair content.

The primary legal issues before the court were whether the agreement satisfied the minimum terms and conditions as outlined in the Fair Work Act 2009, and whether it contained any terms that were unfair within the meaning of the Act. The court considered the overall fairness of the agreement, its compliance with the statutory minimum standards, and whether it provided for a safety net of entitlements for employees.

In delivering its decision, the court found that the agreement complied with the statutory requirements and did not contain any unfair terms. The court was satisfied that the agreement met the criteria for minimum terms and conditions and provided appropriate protections for employees. The court noted that the agreement contained provisions that went beyond the minimum standards, which was a positive indication of its fairness. After careful consideration of the arguments presented and the content of the agreement, the court approved the SPA Sealing Division Enterprise Agreement 2017.

The final orders of the court were that the agreement be approved as a single enterprise agreement for the SPA Sealing Division. The approved agreement will now be applicable to the employees covered by it, providing them with the terms and conditions set out in the agreement.

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