DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Australian Workers' Union
(AG2015/6870)

PARKINSON GROUP VICTORIA PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2015 TO 2016

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 17 DECEMBER 2015

Application for approval of the PARKINSON GROUP VICTORIA PTY LTD A.W.U Victoria Asphalt Agreement 2015 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the PARKINSON GROUP VICTORIA PTY LTD A.W.U Victoria Asphalt Agreement 2015 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 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers' Union sought approval of the PARKINSON GROUP VICTORIA PTY LTD A.W.U Victoria Asphalt Agreement 2015 to 2016 in the Fair Work Commission. The dispute revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically focusing on the terms concerning employment conditions, wages, and other employment-related matters.

The central legal issue before the court was whether the agreement provided a safety net for employees and whether it was appropriate for the industry and workforce it covered. The court had to determine if the agreement adequately covered minimum terms and conditions, and if it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission examined the agreement's provisions and found that it did provide a safety net for employees by ensuring minimum terms and conditions were met. The court was satisfied that the agreement was appropriate for the industry and workforce it covered, considering the specific nature of the asphalt industry in Victoria. The court concluded that the agreement met the statutory requirements and approved it accordingly.

As a result of the court's decision, the PARKINSON GROUP VICTORIA PTY LTD A.W.U Victoria Asphalt Agreement 2015 to 2016 was approved, providing a legally binding framework for the employment conditions of the relevant workforce.

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