AMARAPAVE ASPHALT ENTERPRISE BARGAINING AGREEMENT 2026

Application for approval of the Amarapave Asphalt Enterprise Bargaining Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the 'Amarapave Asphalt Enterprise Bargaining Agreement 2026' (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Amarapave Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 February 2026.

[3] There is one National Employment Standards (NES) issues that requires comment:

• Clause 24.3 provides for compassionate leave, however, it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

[4] Clause 5.3 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term provided within the terms of the Asphalt Industry Award 2020 will be taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

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