DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Guardian Pty Ltd
(AG2015/6270)

SRS ROADS ENTERPRISE AGREEMENT 2015-2019

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2015

Application for approval of the SRS Roads Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the SRS Roads Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce Guardian 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 7 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Workforce Guardian Pty Ltd recently faced scrutiny in the Fair Work Commission, where the nature of the dispute was centred around the approval of the SRS Roads Enterprise Agreement for the period 2015 to 2019. The commission was tasked with examining the application for the agreement's approval and determining whether it met the necessary legal standards and protections under the Fair Work Act. The legal issues that arose from this case primarily focused on whether the agreement provided adequate safeguards for employee entitlements, particularly concerning pay rates, conditions of employment, and the resolution of disputes. The commission needed to ensure that the agreement did not disadvantage employees and complied with the overarching principles of the Fair Work Act.

In addressing these issues, the commission thoroughly reviewed the contents of the agreement and assessed whether it aligned with the legal requirements and protections stipulated by the Fair Work Act. It was essential to determine if the agreement provided a fair and balanced set of terms that did not undermine the rights of employees. The commission also considered submissions from both Workforce Guardian and the employees' representatives to understand the practical implications and potential impacts of the agreement. The reasoning of the commission was grounded in a detailed analysis of the agreement's provisions and a consideration of the broader context of industrial relations law. The outcome was that the agreement was found to be compliant with the necessary legal standards, thus the commission approved the application for the SRS Roads Enterprise Agreement.

The Fair Work Commission's decision concluded that the agreement provided adequate protection and compliance with the Fair Work Act, thereby granting approval for the SRS Roads Enterprise Agreement for the specified period. The final orders of the commission mandated that the agreement be implemented in accordance with its terms, ensuring that the rights and entitlements of employees were upheld. The commission's approval signified a formal recognition of the agreement's validity and its alignment with the legal framework governing industrial relations in Australia.

Workforce Guardian 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