The Australian Workers’ Union

[2014] FWCA 6517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/7522)

BITUTEC PTY LTD AND THE A.W.U VICTORIA ASPHALT AGREEMENT 2014 TO 2017

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Bitutec Pty Ltd and the A.W.U Victoria Asphalt Agreement 2014 to 2017

[1] An application has been made for approval of a single-enterprise agreement known as the Bitutec Pty Ltd and the A.W.U Victoria Asphalt Agreement 2014 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Workers’ Union (AWU).

[2] 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.

[3] The AWU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2014. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval for the Bitutec Pty Ltd and A.W.U Victoria Asphalt Agreement 2014 to 2017. The matter was heard by the Fair Work Commission, which is tasked with approving such agreements. The union aimed to have the agreement recognised as a registered agreement, which would ensure its terms were enforceable and applicable to the employees of Bitutec Pty Ltd. The central issue was whether the agreement met the legal requirements for registration, including whether it was a genuine agreement and whether it complied with the Fair Work Act.

The Commission examined the process through which the agreement was made, confirming that it was genuinely negotiated and not imposed. It also considered whether the agreement contained the mandated minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission assessed whether the agreement provided for proper representation and consultation mechanisms. After thorough examination, the Commission determined that the agreement was genuine and in compliance with all necessary statutory requirements. Consequently, the agreement was approved for registration.

The Fair Work Commission approved the Bitutec Pty Ltd and A.W.U Victoria Asphalt Agreement 2014 to 2017, recognising it as a registered agreement. This decision was grounded on the Commission's finding that the agreement was genuinely negotiated and met all statutory requirements, including the provision of minimum terms and conditions and proper representation and consultation mechanisms. As a result, the agreement is now legally enforceable and applicable to the employees of Bitutec Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established