Stabilised Pavements of Australia Pty Ltd

[2022] FWCA 2503 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stabilised Pavements of Australia Pty Ltd

(AG2022/1851)

SPA SEALING DIVISION (NEW SOUTH WALES) ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JULY 2022

Application for approval of the SPA Sealing Division (New South Wales) Enterprise Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (Act) by Stabilised Pavements of Australia Pty Ltd for approval of a single enterprise agreement known as the SPA Sealing Division (New South Wales) Enterprise Agreement 2022 (the Agreement).

The employer 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. The undertakings are taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Stabilised Pavements of Australia Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees, who sought approval of a proposed enterprise agreement. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The dispute centred on the terms and conditions of the proposed agreement, including wages, hours of work, and other employment-related matters. The union and the employer were unable to reach a consensus on several key issues, prompting the union to seek approval from the Commission.

The legal issues before the Commission included whether the proposed agreement was fair and reasonable in all its terms, and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission had to examine the agreement in light of the principles of "better off overall and in the round" and "no disadvantage" to ensure that the proposed terms were fair and did not unduly disadvantage any party. The Commission also had to consider whether the agreement was consistent with the public interest and met the requirements for "certified" status.

After hearing submissions from both parties and considering the evidence presented, the Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement met the "better off overall and in the round" test and did not cause any party to be worse off in a significant respect. The Commission was satisfied that the agreement was consistent with the public interest and met the requirements for "certified" status under the Fair Work Act. The Commission approved the proposed agreement, and it became legally binding on the parties.

As a result of the approval, the proposed enterprise agreement became the new terms and conditions of employment for the employees covered by the agreement. The agreement included provisions relating to wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement resolved the dispute between the employer and the union and provided a framework for the parties to manage their industrial relations in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established