DECISION

Fair Work Act 2009
s.185—Enterprise agreement

State Asphalt Services Pty Limited
(AG2017/1187)

STATE ASPHALT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 5 MAY 2017

Application for approval of the State Asphalt Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the State Asphalt Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by State Asphalt Services Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the State Asphalt Services Pty Ltd Enterprise Agreement 2017. The dispute arose between the employer, State Asphalt Services Pty Limited, and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement provided for a fair and efficient workplace, if it contained the minimum entitlements prescribed by the Fair Work Act, and if it complied with the procedural requirements for approval. Specifically, the court needed to determine if the agreement was certified as "bargained for" by an independent certifier and if it was consistent with the national minimum standards set out in the Safety, Rehabilitation and Compensation Act 1988.

In its reasoning, the Fair Work Commission held that the agreement met the necessary criteria for approval. The Commission found that the agreement was certified as "bargained for" and contained all the prescribed minimum entitlements. The court noted that the agreement provided for fair and efficient workplace practices, and it complied with the relevant national minimum standards. Consequently, the application for approval of the State Asphalt Services Pty Ltd Enterprise Agreement 2017 was successful.

The Fair Work Commission approved the agreement, confirming its compliance with all legal requirements. This decision ensures that the terms and conditions of employment in the agreement are enforceable and that both parties are bound by the negotiated provisions. The approval signifies that the agreement provides for a fair and efficient workplace and meets the national minimum standards.

State Asphalt Services 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