DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stabilised Pavements of Australia Pty Limited
(AG2016/3642)

STABILISED PAVEMENTS OF AUSTRALIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2016

Application for approval of the Stabilised Pavements of Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stabilised Pavements of Australia Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Stabilised Pavements of Australia Pty Limited for the approval of the Stabilised Pavements of Australia Enterprise Agreement 2015. The dispute centred on the terms of the proposed agreement and whether it complied with the statutory requirements under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for minimum terms as required by the Act, and if it complied with procedural requirements such as the provision of relevant documents to employees and the conduct of meetings to discuss the agreement. Additionally, the court had to consider if the agreement was made in good faith and if it provided for proper mechanisms for the resolution of disputes.

The court found that the agreement satisfied the minimum terms required by the Act, and that the necessary procedural steps had been taken. It was held that the agreement was made in good faith and provided adequate mechanisms for dispute resolution. The court also considered the evidence presented regarding the consultation process and determined that it was sufficient. As a result, the application for approval was granted.

The Fair Work Commission approved the Stabilised Pavements of Australia Enterprise Agreement 2015, subject to certain conditions which included the filing of a copy of the agreement and a certified true copy of the minutes of the meeting at which the agreement was approved.

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