The Australian Workers’ Union

[2013] FWCA 22

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2012/13107)

VICTORIA ASPHALT PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2012 TO 2015

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 3 JANUARY 2013

Application for approval of the Victoria Asphalt Pty Ltd A.W.U Victoria Asphalt Agreement 2012 to 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Asphalt Pty Ltd A.W.U Victoria Asphalt Agreement 2012 to 2015 (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] 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 organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 January 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval for an agreement with Victoria Asphalt Pty Ltd, which was to govern the employment conditions of its workers from 2012 to 2015. The dispute arose when objections were raised by certain employees regarding the terms of the agreement, specifically questioning the fairness and suitability of the proposed conditions. The case was brought before the Fair Work Commission (FWC) to determine whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act. This involved assessing whether the agreement provided for a safety net of minimum wages and conditions, and whether it was made in good faith and without coercion. The FWC also had to consider whether the agreement was fair and reasonable in the context of the broader labour market, and if it provided for adequate dispute resolution mechanisms.

The FWC thoroughly examined the submissions and evidence provided by both parties, focusing on the specific provisions of the agreement that were contested. The Commission found that the agreement did provide for a safety net of minimum wages and conditions, and that it was made in good faith. The FWC also concluded that the agreement was fair and reasonable, taking into account the economic climate and the specific circumstances of the industry. The dispute resolution mechanisms were deemed adequate, ensuring that employees had a fair process to address any issues that might arise during the agreement period.

The FWC approved the Victoria Asphalt AWU Agreement 2012 to 2015, finding it to be compliant with the requirements of the Fair Work Act. This decision effectively resolved the objections raised by the employees and allowed the agreement to take effect, governing the employment conditions of the workers for 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