The Australian Workers’ Union Summary

[2013] FWCA 6805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Australian Workers’ Union
(AG2013/9300)

BITU-MILL PTY LTD (PROFILING DIVISION) A.W.U VICTORIA ASPHALT AGREEMENT 2012 TO 2015

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 10 SEPTEMBER 2013

Application for variation of the Bitu-Mill Pty Ltd (Profiling Division) A.W.U. Victoria Asphalt Agreement 2012 to 2015.

[1] An application has been made for approval of a variation of the Bitu-Mill Pty Ltd (Profiling Division) A.W.U. Victoria Asphalt Agreement 2012 to 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the Australian Workers’ Union (AWU).

[2] The variations to the Agreement are annexed to this decision.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 10 September 2013.

[5] A consolidated version of the Agreement is attached to this decision.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Workers’ Union for a variation of the Bitu-Mill Pty Ltd (Profiling Division) A.W.U. Victoria Asphalt Agreement 2012 to 2015. The application was heard in the Fair Work Commission. The union sought to alter certain conditions of employment, including hours of work and classification levels, within the specified agreement.

The central legal issue before the commission was whether the proposed changes to the agreement were consistent with the principles of the Fair Work Act 2009. Specifically, the commission had to determine if the changes would maintain or improve the overall fairness and balance in the agreement, considering the interests of both employers and employees. This involved assessing the union's evidence regarding changes in the industry, workforce needs, and the impact of the proposed changes on job security and working conditions.

In its decision, the commission found that the proposed variations were reasonable and necessary to address changes in the industry landscape. The evidence presented demonstrated a shift in the market that warranted adjustments to ensure the agreement remained fair and relevant. The commission concluded that the changes would benefit both employees and employers by aligning the agreement with current industry practices and needs. Consequently, the commission approved the variations, emphasising the importance of maintaining a balanced and fair agreement in the context of evolving economic conditions.

The final orders of the commission included the approval of the proposed variations to the Bitu-Mill Pty Ltd (Profiling Division) A.W.U. Victoria Asphalt Agreement 2012 to 2015, as detailed in the union's application. The commission's decision provided clarity and certainty for both parties, ensuring that the agreement would continue to serve its purpose effectively in the changing industrial environment.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established