The Australian Workers’ Union

[2013] FWCA 5471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/7778)

RABS PAVING PROFILING SERVICES, PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2013 TO 2016

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 7 AUGUST 2013

Application for approval of the Rabs Paving Profiling Services, Pty Ltd A.W.U Victoria Asphalt Agreement 2013 to 2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Rabs Paving Profiling Services, 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). It has been made by The Australian Workers’ Union (the 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 13 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied to the Fair Work Commission for the approval of an agreement between Rabs Paving Profiling Services, Pty Ltd and the union. The application concerned the period from 2013 to 2016. The legal issues at hand were whether the agreement met the requirements of the Fair Work Act and if it was in the best interests of the employees involved. The court had to determine if the agreement provided adequate protection for the workers and if it complied with the relevant provisions of the Act.

The Fair Work Commission assessed the application based on the statutory criteria outlined in the Fair Work Act. The court examined whether the agreement provided for reasonable terms and conditions, including wages, hours of work, and other employment conditions. Additionally, the court considered if the agreement adequately protected employees’ rights and interests, and whether it met the procedural requirements for approval. The Commission found that the agreement satisfied the necessary criteria and was in the best interests of the employees.

The Fair Work Commission approved the application, finding that the agreement met the requirements of the Act and was in the best interests of the employees. The court considered the evidence provided by both parties and concluded that the agreement provided fair and reasonable terms and conditions for the employees. The Commission determined that the agreement was procedurally sound and provided adequate protection for the workers involved.

The Fair Work Commission ordered the approval of the Rabs Paving Profiling Services, Pty Ltd A.W.U Victoria Asphalt Agreement for the period of 2013 to 2016. The court's decision was based on the findings that the agreement met the statutory criteria and was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the workers involved are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established