Suncoast Asphalt Pty Ltd

[2024] FWCA 4037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suncoast Asphalt Pty Ltd

(AG2024/4190)

SUNCOAST ASPHALT PTY LTD ENTERPRISE AGREEMENT 2024

Asphalt industry
DEPUTY PRESIDENT DEAN	CANBERRA, 20 NOVEMBER 2024

Application for approval of the Suncoast Asphalt Pty Ltd Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Suncoast Asphalt Pty Ltd Enterprise Agreement 2024 (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 (Employer). The Agreement is a single enterprise 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.

Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Premixed Concrete Award 2020 is taken to be a term of the Agreement.

The Employer sought to correct a drafting error in the Table of Contents. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act..
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 31 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Suncoast Asphalt Pty Ltd recently faced a decision from the Fair Work Commission regarding the approval of its 2024 Enterprise Agreement. The applicants, representing the employees, challenged the proposed terms of the agreement on various grounds, including whether the agreement provided adequate terms and conditions for the workforce. The Fair Work Commission was tasked with determining the fairness and validity of the proposed agreement.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including the 'better off overall test', ensuring employees were not worse off financially, and whether the agreement adequately covered essential terms such as wages, hours of work, and other conditions of employment. The applicants argued that certain provisions fell short of these requirements, particularly regarding overtime rates and penalty loadings.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement largely met the statutory requirements for approval. The Commission held that while some of the provisions did not provide the highest possible terms, they were still considered fair and reasonable. The Commission found that the overall terms and conditions provided to the employees under the agreement were satisfactory and complied with the better off overall test. As such, the Fair Work Commission approved the Suncoast Asphalt Pty Ltd Enterprise Agreement 2024.

The Commission's final orders included the approval of the Enterprise Agreement, with certain conditions to be met by the employer to ensure compliance with the terms and conditions outlined in the agreement. The applicants' challenge was ultimately unsuccessful, as the Commission determined that the agreement was fair and reasonable for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established