DECISION

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

Stabilised Pavements of Australia Pty Limited
(AG2014/10031)

STABILISED PAVEMENTS OF AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stabilised Pavements of Australia (Western Australia) 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 agreement is a single-enterprise agreement.

[2] In my view, the Consultation obligations provision in clause 30 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stabilised Pavements of Australia Pty Limited, an employer, sought approval for the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2014. The applicant, representing employees, objected to the approval, raising concerns about the agreement's provisions regarding shift penalties and shift allowances. The matter was heard in the Fair Work Commission.

The legal issues before the court centred on whether the agreement adequately addressed the shift penalties and shift allowances, as well as whether the agreement was appropriately negotiated and complied with the relevant legislative framework. The court was required to assess if the agreement met the criteria for approval as stipulated by the Fair Work Act 2009.

The court found that the provisions regarding shift penalties and shift allowances were not adequately addressed in the agreement. The court also determined that the agreement was not appropriately negotiated and did not comply with the legislative framework. Consequently, the court refused to approve the agreement. The decision was based on the failure to address key issues and non-compliance with the necessary legislative requirements.

The final orders of the court were that the application for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2014 be dismissed. The court's decision highlighted the importance of ensuring that enterprise agreements adequately address employee concerns and comply with the relevant legislative framework.

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