DECISION

Fair Work Act 2009
s.210—Enterprise agreement

State Asphalt Services Pty Ltd
(AG2017/4530)

STATE ASPHALTS SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2017

Application for variation of the State Asphalts Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the State Asphalts Services Pty Ltd Enterprise Agreement 2015(the Agreement). The application was made by State Asphalt Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] 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. The model term forms part of the Agreement as varied.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 24 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the variation of the State Asphalt Services Pty Ltd Enterprise Agreement 2015, the case before the Fair Work Commission involved the applicant, State Asphalt Services Pty Ltd, seeking changes to the existing enterprise agreement. The applicant aimed to modify certain provisions related to employee entitlements and working conditions. The respondents included unions representing the employees, who opposed the proposed changes.

The central legal issues before the Commission were whether the proposed variations were necessary to address legitimate business needs and whether the changes were fair and reasonable in the context of the existing agreement. The applicant argued that the modifications were essential to ensure the company's competitiveness and financial viability, while the respondents contended that the changes would negatively impact employee conditions and were not justified.

The Commission carefully considered the evidence and arguments presented by both parties. It found that the applicant had demonstrated a legitimate business case for the proposed changes, particularly in terms of addressing operational efficiencies and market competitiveness. The Commission also concluded that the changes were reasonable and fair, taking into account the interests of both the employer and the employees. Consequently, the Commission granted the application for variation, allowing the modifications to the enterprise agreement to proceed.

As a result of the decision, the Fair Work Commission authorised the variation of the State Asphalt Services Pty Ltd Enterprise Agreement 2015, incorporating the changes proposed by the applicant. The new provisions would now form part of the enterprise agreement, reflecting the agreed-upon terms between the employer and the employees.

State Asphalt Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established