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

[2019] FWCA 6408

[2019] FWCA 6408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Centofanti Unit Trust T/A Metro Asphalt Pty Ltd
(AG2019/2897)

METRO ASPHALT PTY LTD AND THE A.W.U VICTORIA ASPHALT AGREEMENT 2018 TO 2021

Asphalt industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Metro Asphalt Pty Ltd and the A.W.U Victoria Asphalt Agreement 2018-2021.

[1] 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 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertaking 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.

[4] I observe that clauses 12, 14, 40, 41, and 43 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement was approved on 13 September 2019 and, in accordance with s 54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

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Annexure A