DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/6908)

VICTORIA ASPHALT PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2017

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2016

Application for approval of the VICTORIA ASPHALT PTY LTD A.W.U Victoria Asphalt Agreement 2015 to 2017.

[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 2015 to 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 18 January 2016. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers' Union brought an application for the approval of the Victoria Asphalt Pty Ltd AWU Victoria Asphalt Agreement 2015 to 2017. The dispute arose out of negotiations between the Union and the employer for the purpose of setting the terms and conditions of employment for the employees of Victoria Asphalt. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the terms of the proposed agreement were consistent with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "better off overall" and "in the national system" tests, ensuring that it provided a minimum safety net and adhered to the principles of the national system.

The Commission assessed the proposed agreement against the legislative criteria and found that the agreement satisfied the necessary conditions. The terms of the agreement provided for wages and conditions that were no less favourable than those set out in the applicable awards or the national safety net. The Commission concluded that the agreement was consistent with the statutory requirements and approved the application.

Consequently, the Fair Work Commission approved the Victoria Asphalt Pty Ltd AWU Victoria Asphalt Agreement 2015 to 2017. The decision was made in accordance with the provisions of the Fair Work Act and Regulations, confirming the agreement as a valid and enforceable employment contract between the Union and the employer.

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