DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town & Country Asphalting Pty ltd
(AG2016/282)

ENTERPRISE AGREEMENT TOWN AND COUNTRY ASPHALTING PTY LTD

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 22 APRIL 2016

Application for approval of the Enterprise Agreement Town and Country Asphalting Pty Ltd.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement Town and Country Asphalting Pty Ltd (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Town & Country Asphalting Pty ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2016. The nominal expiry date of the Agreement is 30 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Town and Country Asphalting Pty Ltd applied for the approval of an enterprise agreement. The matter was heard in the Fair Work Commission. The applicant argued that the agreement met the statutory requirements for approval and was fair and reasonable in all aspects.

The legal issues before the court were whether the enterprise agreement complied with the statutory provisions, and whether it was fair and reasonable. The court had to consider the terms of the agreement, the bargaining process, and the impact of the agreement on the employees.

The court found that the enterprise agreement met the statutory requirements for approval. It was negotiated in good faith and the process was fair. The terms of the agreement were also found to be reasonable and balanced. The court approved the enterprise agreement, subject to certain conditions and reservations.

The court made an order approving the enterprise agreement, subject to certain conditions and reservations. The order also provided for the registration of the agreement on the Register of Industrial Agreements.

Town & Country Asphalting Pty ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established