Suncoast Asphalt Pty Ltd

[2021] FWCA 6395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suncoast Asphalt Pty Ltd
(AG2021/7593)

SUNCOAST ASPHALT PTY LTD ENTERPRISE AGREEMENT 2021

Asphalt industry
COMMISSIONER P RYAN	SYDNEY, 22 OCTOBER 2021

Application for approval of the Suncoast Asphalt Pty Ltd Enterprise Agreement 2021

[1] Suncoast Asphalt Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Suncoast Asphalt Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Incomplete Form F17

[2] Contrary to the requirements of s.185 of the Act, the application filed on the 27 September was accompanied by an incomplete Form F17. On 15 October 2021, an amended Form F17 was filed. I then listed the matter for conference on 18 October 2021. Following the conference, a further amended Form F17 was filed on 19 October 2021.

[3] Taking into consideration the submissions made during the conference, I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and accept the further amended Form F17 filed on 19 October 2021 as the declaration for the purposes of s.185(2) and do so pursuant to s.586 of the Act.

Section 190 Undertakings

[4] The employer provided written undertakings on 19 October 2021. 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.

Sections 186, 187, 188 and 190

[5] 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.

Approval

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

Suncoast Asphalt Pty Ltd is before the Fair Work Commission, with the application being for approval of the Suncoast Asphalt Pty Ltd Enterprise Agreement 2021. The dispute involves the terms and conditions of employment for the company's employees and the need for an enterprise agreement that satisfies the requirements of the Fair Work Act 2009.

The legal issues before the commission included whether the agreement met the statutory requirements under the Fair Work Act, including whether it was made in good faith and whether it provided for the minimum terms and conditions as set out in the Act. The commission also had to consider whether the agreement was suitable for the employees and the employer and whether it included appropriate mechanisms for resolving disputes.

The Fair Work Commission found that the agreement met all the statutory requirements and was suitable for both the employees and the employer. The commission noted that the agreement had been negotiated in good faith and provided for all the minimum terms and conditions required by the Act. The commission also found that the agreement included appropriate mechanisms for resolving disputes, including a clause for conciliation and arbitration.

The commission approved the Suncoast Asphalt Pty Ltd Enterprise Agreement 2021, with the approval being effective from the date of the decision. The parties are now bound by the terms of the agreement, and it will govern their employment relationship until it is replaced or terminated.

Incomplete Form F17

Section 190 Undertakings

Sections 186, 187, 188 and 190

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established