The Australian Workers’ Union

[2014] FWCA 3036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/982)

R.A.B.S PAVING SERVICES PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2014 TO 2017

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 8 MAY 2014

Application for approval of the R.A.B.S Paving Services Pty Ltd 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 R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2014 to 2017 (the Agreement), 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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 18 April 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union sought approval of the R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2014 to 2017. The applicant sought the approval of the agreement under section 178(2)(a) of the Fair Work Act 2009 (Cth). The application was opposed by R.A.B.S. The dispute was heard in the Fair Work Commission by Deputy President K. M. Harpur. The principal legal issue for the commission was whether the agreement was in the best interests of the employees covered by it. The commission was required to apply the statutory test in section 234(1) of the Act, which required the commission to have regard to the likely effect of the agreement on the employees, including its effect on their wages and conditions of employment.

The commission found that the agreement was in the best interests of the employees. The commission determined that the agreement was an improvement on the existing award as it contained provisions which improved the wages and conditions of employment of the employees. The commission further found that there were no significant detrimental effects on the employees. The commission accepted the evidence of the applicant that the agreement provided for a more effective means of resolving disputes between the employer and the employees and contained provisions for dispute resolution and termination of employment. The commission was satisfied that the agreement was fair and reasonable, and it was in the best interests of the employees. The application was approved.

The commission ordered that the R.A.B.S Paving Services Pty Ltd A.W.U Victoria Asphalt Agreement 2014 to 2017 be approved. The agreement was to be registered by the commission and would have effect from the date of the approval. The commission further ordered that the agreement be referred to the Fair Work Ombudsman for publication.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established