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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the trustee for the Centofanti Unit Trust, trading as Metro Asphalt Pty Ltd, to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to have the A.W.U Victoria Asphalt Agreement 2018-2021 registered under the Fair Work Act 2009. The application was opposed by the Asphalt Workers Union. The dispute was heard and determined by the Fair Work Commission, presided over by Commissioner M.J. Holmes.

The central legal issue before the court was whether the enterprise agreement in question met the criteria for registration under the Fair Work Act. This involved examining whether the agreement was genuinely a product of negotiations between the parties, contained terms that were fair and reasonable, and complied with procedural requirements. The opposition raised concerns about the agreement's terms and the process by which it was negotiated.

In delivering the decision, the Commissioner found that the agreement was indeed a genuine product of negotiations between the parties and contained terms that were fair and reasonable. The Commissioner noted that the agreement addressed key aspects of the employment relationship and provided for a structured process for future negotiations. The procedural concerns raised by the union were also addressed, with the Commissioner concluding that the agreement was appropriately negotiated and documented. Consequently, the Commissioner approved the agreement for registration.

The final order of the Commission was that the A.W.U Victoria Asphalt Agreement 2018-2021 be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established