DECISION

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

Suncoast Ashphalt Pty Ltd
(AG2019/97)

SUNCOAST ASPHALT PTY LTD ENTERPRISE AGREEMENT 2018

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 15 MAY 2019

Application for approval of the Suncoast Asphalt Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Suncoast Asphalt Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suncoast Asphalt Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 4 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suncoast Asphalt Pty Ltd applied for the approval of the Suncoast Asphalt Pty Ltd Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees within the company. The primary issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum terms, was free from prohibited content, and had been made in accordance with the procedural requirements of the Act.

The court considered the provisions of the Fair Work Act 2009, including sections that outline the criteria for the approval of enterprise agreements. The court examined the agreement to ensure it provided for minimum terms as specified by the Act, which include provisions on minimum wages, penalties, leave, and termination. The court also checked that the agreement did not contain any terms that were prohibited by the Act, such as those that undermined the right to freedom of association or allowed for discrimination. Furthermore, the court reviewed the process by which the agreement was made to ensure it complied with the procedural requirements, including the need for genuine bargaining and the provision of relevant information to employees.

After thorough consideration, the court determined that the agreement complied with all statutory requirements for approval. The agreement was found to provide for the minimum terms, contained no prohibited content, and had been made in accordance with the procedural requirements of the Fair Work Act 2009. The court approved the Suncoast Asphalt Pty Ltd Enterprise Agreement 2018, thereby resolving the application in favour of the applicant. The final orders included the approval of the agreement, which would now govern the employment terms and conditions for the employees within the company.

Suncoast Ashphalt 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