DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Bitumen Pty Ltd T/A West Coast Bitumen
(AG2017/5946)

WEST COAST BITUMEN ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the West Coast Bitumen Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Bitumen Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Coast Bitumen Pty Ltd T/A West Coast Bitumen. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2018. The nominal expiry date of the Agreement is 22 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Coast Bitumen Pty Ltd, trading as West Coast Bitumen, applied for the approval of the West Coast Bitumen Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement should be approved as a safety net agreement, considering the implications of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary conditions to be considered a safety net agreement, which would allow it to be protected from the provisions of other industrial instruments.

The central legal issues revolved around whether the enterprise agreement contained all the minimum terms and conditions required by the Fair Work Act 2009, and whether it met the specific criteria for safety net status. The court had to scrutinise the agreement to ensure it provided at least the minimum entitlements set out in the relevant modern awards and national employment standards. Additionally, the court needed to determine if the agreement provided for procedural fairness in its negotiation process, as required by the Act.

In reaching its decision, the Fair Work Commission considered the comprehensive nature of the agreement and its alignment with the statutory minimum entitlements. The Commission found that the agreement not only met but exceeded the minimum terms and conditions outlined in the Fair Work Act 2009. It also found that the negotiation process adhered to procedural fairness. Consequently, the Commission approved the agreement as a safety net agreement, providing it with the requisite protections under the Act.

The final orders included the approval of the West Coast Bitumen Enterprise Agreement 2017 as a safety net agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would continue to operate under the protections afforded by the Fair Work Act 2009, safeguarding it from the effects of other industrial instruments.

West Coast Bitumen Pty Ltd T/A West Coast Bitumen

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established