The Australian Workers’ Union

[2013] FWCA 8332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/10635)

ELITE ROADS PTY LTD, A.W.U VICTORIA ASPHALT AGREEMENT 2013 TO 2016

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 23 OCTOBER 2013

Application for approval of the Elite Roads Pty Ltd, A.W.U Victoria Asphalt Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elite Roads Pty Ltd, A.W.U Victoria Asphalt Agreement 2013 to 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 43 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved an application by the Australian Workers’ Union (AWU) for the approval of an enterprise agreement with Elite Roads Pty Ltd. The agreement, titled the A.W.U Victoria Asphalt Agreement 2013 to 2016, was contested by the employer, who raised several objections regarding its terms. The matter was heard in the Fair Work Commission (FWC).

The primary legal issues that the FWC needed to address included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive terms of the agreement. The employer argued that the agreement did not meet the necessary standards for approval due to issues with the bargaining process and certain provisions within the agreement itself.

The FWC examined the evidence presented regarding the bargaining process and found that it was conducted in good faith and that all procedural requirements were met. The Commission also scrutinised the substantive terms of the agreement and concluded that, while some provisions raised concerns, they did not render the agreement invalid. The FWC emphasised the importance of maintaining industrial peace and the need for enterprise agreements to be practical and workable. Ultimately, the FWC decided that the agreement should be approved, albeit with some modifications to address specific concerns raised by the employer.

The FWC's final orders included the approval of the A.W.U Victoria Asphalt Agreement 2013 to 2016, subject to certain amendments and conditions that were designed to ensure compliance with the Fair Work Act and to address the employer's concerns. These amendments included clarifications and modifications to specific clauses within the agreement to ensure that they met the legal requirements and were fair and reasonable for both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established