DECISION

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

Stabilised Pavements of Australia Pty Limited
(AG2014/9567)

SPA SEALING DIVISION ENTERPRISE AGREEMENT 2014

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2014

Application for approval of the SPA Sealing Division Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SPA Sealing Division Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 16 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Regional Manager North Queensland, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 19 December 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stabilised Pavements of Australia Pty Limited sought approval for the SPA Sealing Division Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was asked to consider the application under the Fair Work Act 2009. The applicant submitted that the enterprise agreement was intended to govern the terms and conditions of employment for the sealing division of its workforce.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 231 of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and if it was free from any discriminatory provisions. The applicant argued that the agreement was fair and reasonable, while no party opposed the agreement.

The Commission found that the agreement was fair and reasonable, and met the criteria for approval. The agreement provided for terms and conditions that were consistent with industry standards, and provided for a fair and reasonable rate of pay for the employees. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including paid parental leave and flexible working arrangements. The Commission approved the enterprise agreement, subject to certain conditions, including a requirement for the applicant to provide a copy of the agreement to each employee covered by the agreement.

The final orders of the Commission included the approval of the enterprise agreement, with conditions attached. The applicant was required to provide a copy of the agreement to each employee covered by the agreement, and to take steps to ensure that the agreement was brought to the attention of any new employees who were subsequently employed. The applicant was also required to provide a copy of the agreement to the Fair Work Ombudsman, and to take steps to ensure compliance with 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