Sunstate Road Services Pty Ltd

[2014] FWCA 7873

FAIR WORK COMMISSION

DECISION

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

Sunstate Road Services Pty Ltd
(AG2014/8838)

SUNSTATE ROAD SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 6 NOVEMBER 2014

Application for approval of the Sunstate Road Services Pty Ltd Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Road Services Pty Ltd Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstate Road Services Pty Ltd (the Applicant). 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 9 October 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Regional Manager QLD, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 August 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, Sunstate Road Services Pty Ltd applied for approval of the Sunstate Road Services Pty Ltd Single Enterprise Agreement. The applicant sought to have the agreement, which it had reached with a union, approved as a single enterprise agreement. The applicant argued that the agreement should be approved as a single enterprise agreement because it met the requirements under the Fair Work Act.

The main legal issue before the Commission was whether the agreement met the criteria for approval as a single enterprise agreement. Specifically, the Commission had to determine whether the agreement had been made in good faith and whether it provided for a fair and efficient workplace. The Commission also had to consider whether the agreement met the requirements for single enterprise agreements, including the requirement that it cover all employees within a single enterprise.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements for approval as a single enterprise agreement. The Commission found that the agreement had been made in good faith and provided for a fair and efficient workplace. The Commission also found that the agreement met all the requirements for single enterprise agreements. As a result, the Commission approved the agreement as a single enterprise agreement.

The Commission made orders approving the Sunstate Road Services Pty Ltd Single Enterprise Agreement as a single enterprise agreement. The agreement is now legally binding on all employees and employers covered by the agreement. The Commission's decision provides certainty for both parties and ensures that the agreement will operate effectively in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established