DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilised Pavements of Australia Pty Limited
(AG2017/6415)

STABILISED PAVEMENTS OF AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2018

Application for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stabilised Pavements of Australia (Western Australia) 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 1 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stabilised Pavements of Australia Pty Limited, an applicant, sought approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2017. The application was made to the Fair Work Commission, which heard the matter and issued a decision. The applicant, a company in the construction industry, sought approval of an enterprise agreement which had been negotiated with its employees, represented by a union. The agreement addressed terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, whether it was made in good faith and without coercion, and whether it provided for the proper protection of employees' interests. The Commission also considered whether the agreement was in the best interests of the employees and whether it met the "better off overall" test, ensuring that employees were not worse off than under the applicable award or safety net.

In its decision, the Commission found that the agreement complied with the relevant statutory requirements and was made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the "better off overall" test. The Commission also considered submissions from both the applicant and the union, as well as evidence provided by both parties. Ultimately, the Commission was satisfied that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2017, finding that it met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the "better off overall" test. The agreement was approved, and will now apply to the employees covered by it.

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