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

[2018] FWCA 3537

[2018] FWCA 3537

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
(AG2018/715)

METRO ASPHALT PTY LTD AND THE A.W.U VICTORIA ASPHALT AGREEMENT 2016 TO 2018

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2018

Application for approval of the Metro Asphalt Pty Ltd and A.W.U Victoria Asphalt Agreement 2016 to 2018.

[1] An application has been made for approval of an enterprise agreement known as the Metro Asphalt Pty Ltd and A.W.U Victoria Asphalt Agreement 2016 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Centofanti Unit Trust T/A Metro Asphalt Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 40 - annual leave; and

•  Clause 41 and Clause 43 - personal/carer’s leave;

However, noting clause 5 of the Agreement, 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 (AWU) 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 27 June 2018. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE428846  PR608181>