The Australian Workers’ Union

[2013] FWCA 4321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/1442)

R & C ASPHALT PAVING PTY LTD, AWU VICTORIA ASPHALT AGREEMENT 2013 TO 2016

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 2 JULY 2013

Application for approval of the R & C Asphalt Paving Pty Ltd, AWU Victoria Asphalt Agreement 2013 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the R & C Asphalt Paving Pty Ltd, AWU 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 41 and 43 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Australian Workers’ Union, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 9 July 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) sought approval for an enterprise agreement between R & C Asphalt Paving Pty Ltd and the union for the period 2013 to 2016. The Fair Work Commission (FWC) was the forum for this application. The dispute centred around whether the proposed agreement complied with the requirements of Australian labour law, particularly the Fair Work Act 2009.

The key legal issues revolved around whether the agreement met the criteria for "better off overall" and "no detrimental effect" as stipulated by the Fair Work Act. The AWU needed to demonstrate that the terms of the agreement were at least as favourable as the existing industrial conditions and did not negatively impact the employees. Additionally, the court had to consider whether the agreement contained all the mandated minimum terms and conditions, including those concerning pay, hours of work, and leave entitlements.

The FWC carefully examined the terms of the proposed agreement and concluded that it met all the statutory requirements. The commission found that the agreement was consistent with the "better off overall" test and did not have a detrimental effect on the employees. Furthermore, the FWC confirmed that all mandated minimum terms and conditions were included in the agreement. Consequently, the FWC approved the enterprise agreement, recognising its compliance with the Fair Work Act.

As a result of the FWC's decision, the AWU Victoria Asphalt Agreement 2013 to 2016 was approved and came into effect. This approval formalised the terms of employment between R & C Asphalt Paving Pty Ltd and the AWU, providing a legal framework for their relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established