Aaction Traffic Pty Ltd

[2014] FWCA 579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aaction Traffic Pty Ltd
(AG2013/12757)

AACTION TRAFFIC PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 JANUARY 2014

Application to approve the Aaction Traffic Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 December 2013 by Aaction Traffic Pty Ltd for the approval of a single-enterprise agreement known as the Aaction Traffic Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] On 21 January 2014 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aaction Traffic Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The enterprise agreement was for a period of three years and was to be applied to employees who were classified as either 'Traffic Controllers' or 'Traffic Assistants'. The dispute centred around the terms and conditions of employment, including wages, leave entitlements, and working hours. The Fair Work Commission was required to determine whether the agreement was appropriate for the employees and if it complied with the relevant legislation.

The legal issues that the Commission had to address were whether the enterprise agreement was a "better off overall test" (BOOT) agreement, and if it was in accordance with the Fair Work Act 2009. The Commission needed to consider the bargaining positions of both parties, the fairness of the agreement, and the balance of rights and obligations. Additionally, the Commission had to assess if the agreement provided for the minimum entitlements set out in the relevant awards.

The Fair Work Commission determined that the enterprise agreement was a BOOT agreement, as it provided employees with better pay and conditions than those stipulated in the relevant awards. The Commission found that the agreement was fair and balanced, and it complied with the relevant legislation. The Commission approved the enterprise agreement, stating that it was in the best interests of the employees and the employer. The Commission found that the agreement provided for the minimum entitlements set out in the relevant awards, and it was not contrary to any public policy. The Commission approved the enterprise agreement, which will now be binding on both the employer and the employees for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established