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

CaseChat Overview and Summary

The parties involved in this case were the Trustee for the Centofanti Unit Trust, trading as Metro Asphalt Pty Ltd, and the Australian Workers' Union Victoria. The dispute centred on the approval of an agreement between the parties, specifically the Metro Asphalt Pty Ltd and A.W.U Victoria Asphalt Agreement 2016 to 2018. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues at hand required the Commission to determine whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement met the requirements for an enterprise agreement, including whether it covered a single enterprise, if it contained only permissible matters, and if it was certified by the relevant union representatives.

The Commission found that the agreement was valid and should be approved. It was determined that the agreement was made in good faith and covered a single enterprise. Furthermore, the agreement contained only permissible matters, as defined by the Act. The Commission also noted that the agreement had been certified by the appropriate union representatives, which was a prerequisite for its approval. Consequently, the application for approval was successful.

The final orders of the Commission were that the Metro Asphalt Pty Ltd and A.W.U Victoria Asphalt Agreement 2016 to 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now be binding on the parties and would regulate the employment conditions of the employees within the enterprise.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established