The Trustee for the Centofanti Unit Trust T/A Metro Asphalt Pty Ltd

[2022] FWCA 2863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Trustee for the Centofanti Unit Trust T/A Metro Asphalt Pty Ltd

(AG2022/3293)

Metro Asphalt Pty Ltd and the A.W.U Victoria Asphalt Agreement 2022 to 2025

Asphalt industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 AUGUST 2022

Application for approval of the Metro Asphalt Pty Ltd and the A.W.U Victoria Asphalt Agreement 2022 to 2025

The Trustee for the Centofanti Unit Trust T/A Metro Asphalt Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Metro Asphalt Pty Ltd and the A.W.U Victoria Asphalt Agreement 2022 to 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 22 August 2022 and, in accordance with s 54, will operate from 29 August 2022. The nominal expiry date of the Agreement is 13 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Trustee for the Centofanti Unit Trust, trading as Metro Asphalt Pty Ltd, for approval of an enterprise agreement between the company and the Australian Workers' Union Victoria Asphalt Group. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal. The key dispute centred around the terms and conditions outlined in the proposed agreement, particularly in relation to employment rights, wages, and other workplace standards.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included verifying that the agreement was made in good faith, did not undermine the existing minimum standards, and was not contrary to public policy. The Commission had to determine whether the agreement provided fair and reasonable terms and conditions for employees and whether it adhered to the procedural fairness principles.

The Commission examined the provisions of the proposed agreement and considered submissions from both parties. It found that the agreement was made in good faith, did not undermine the existing minimum standards, and was not contrary to public policy. The Commission concluded that the agreement provided fair and reasonable terms and conditions for employees and adhered to the procedural fairness principles. Therefore, the Commission approved the Metro Asphalt Pty Ltd and the A.W.U Victoria Asphalt Agreement 2022 to 2025. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established