DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/99)

BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2018

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2016

Application for approval of the BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U Victoria Asphalt Agreement 2015 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U Victoria Asphalt Agreement 2015 to 2018 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union filed an application seeking approval of a proposed agreement with BITU-MILL SERVICES PTY LTD (PROFILING DIVISION). The agreement, titled A.W.U Victoria Asphalt Agreement 2015 to 2018, was subject to the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which had to determine if the proposed agreement met the criteria for approval under the legislation.

The central legal issue before the Commission was whether the proposed agreement fulfilled the requirements for approval under section 234 of the Fair Work Act. This involved assessing if the agreement was in the public interest and if it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider the balance of the agreement, its effect on the parties involved, and whether it complied with the relevant provisions of the Act.

The Commission found that the proposed agreement did meet the necessary criteria. It was deemed to be in the public interest and provided for fair and reasonable terms and conditions of employment. The Commission took into account the evidence presented by both parties, the relevant provisions of the Fair Work Act, and the broader implications of the agreement on the industry and the workforce. The application for approval was ultimately successful, and the agreement was approved by the Commission.

The Commission ordered that the A.W.U Victoria Asphalt Agreement 2015 to 2018 be approved and registered under the Fair Work Act. The agreement was to come into effect on the date of the decision and would remain in force until the end of the specified term, or until terminated in accordance with the provisions of the Act. This decision provided certainty for both the union and the employer, ensuring that the terms and conditions of employment were fairly and reasonably addressed within the legal framework.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established