WA Stabilisation Pty Ltd

[2023] FWCA 2987

[2023] FWCA 2987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WA Stabilisation Pty Ltd

(AG2023/2932)

WA STABILISING ENTERPRISE AGREEMENT 2023

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 15 SEPTEMBER 2023

Application for approval of the WA Stabilising Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the WA Stabilising Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Stabilisation Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Australian Workers’ Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 19.9 – Termination of Employment

·   Clause 5.10 – Notification of Absences

However, noting clause 4 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 15 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521520  PR766269>

Annexure A

IN THE FAIR WORK COMMISSION

FWC Matter No.:

AG2023/2932

Applicant:

WA Stabilisation Pty Ltd T/A WA Stabilising

Section 185 – Application for approval of a single enterprise agreement

Undertaking – Section 190

I, Sally Palmer, Group People & Capability Manager, have the authority given to me by WA Stabilisation Pty Ltd to give the following undertakings with respect to the WA Stabilising Enterprise Agreement 2023 ("the Agreement"):

Insert new clause 6.13 which reads:

1. On an annual basis, the Employer will ensure the Employee’s wages are better off overall than under the applicable Award. Any shortfall in wages which would otherwise be payable under the Award plus an additional amount equal to 1% of the total shortfall will be paid to the Employee in the next pay period after the review is completed.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

____________________________
Signature

14 September 2023____________________________
Date