Stabilised Pavements Of Australia Pty Ltd T/A Stabilised Pavements Of Australia Pty Ltd Summary

[2024] FWCA 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Stabilised Pavements Of Australia Pty Ltd T/A Stabilised Pavements Of Australia Pty Ltd

(AG2024/2000)

STABILISED PAVEMENTS OF AUSTRALIA (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 20 JUNE 2024

Application for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Stabilised Pavements of Australia Pty. Limited (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stabilised Pavements of Australia Pty Ltd T/A Stabilised Pavements of Australia Pty Ltd applied to the Fair Work Commission for approval of the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2024. The application was made by the company, which sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute arose from disagreements about the terms and conditions of employment within the enterprise agreement, which was intended to govern the relationship between the company and its employees.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval and whether it complied with the Fair Work Act. Key concerns included whether the agreement provided for adequate minimum wages and conditions, if it included appropriate dispute resolution processes, and whether it allowed for appropriate flexibility in the workforce. The Commission had to assess these issues in light of the statutory provisions and relevant case law.

The Fair Work Commission determined that the proposed agreement did meet the necessary requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages and conditions that aligned with the statutory minimums. The agreement also included appropriate mechanisms for dispute resolution, which were deemed adequate for the purposes of the Act. The Commission was satisfied that the agreement allowed for reasonable flexibility in the workforce, taking into account the nature of the industry and the needs of the business. Based on these findings, the Commission approved the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2024.

The Fair Work Commission ordered that the Stabilised Pavements of Australia (Western Australia) Enterprise Agreement 2024 be approved and registered with the Fair Work Commission. This approval ensures that the terms and conditions set out in the agreement are legally enforceable and that it will govern the employment relationship between the company and its employees in accordance with the provisions of the Fair Work Act.

Stabilised Pavements Of Australia Pty Ltd T/A Stabilised Pavements Of Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established