Acquired Awareness Traffic Management Pty Ltd

[2013] FWCA 994

[2013] FWCA 994

FAIR WORK COMMISSION

DECISION

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

Acquired Awareness Traffic Management Pty Ltd
(AG2012/13935)

ACQUIRED AWARENESS TRAFFIC MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2012-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 FEBRUARY 2013

Application for approval of the Acquired Awareness Traffic management Pty Ltd Enterprise Agreement 2012-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 December 2012 by Acquired Awareness Traffic Management Pty Ltd for the approval of a single-enterprise agreement known as the Acquired Awareness Traffic management Pty Ltd Enterprise Agreement 2012-2016 (“the Agreement”).

[2] On 7 February 2013, the Employer provided seven undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] I highlight that clause 12.2 of the Agreement places an obligation on employees to pay a $200 security bond in respect of the uniforms and equipment over which they would appear to have control in the course of their employment. The security bond is proposed to be deducted over the course of four weekly instalments. It is arguable that such a clause may amount to an unreasonable requirement to spend an amount otherwise payable to the employee, and to the ultimate benefit of the employer (which requires the work to be performed by uniformed personnel utilising the employer’s equipment). I indicate that s.326 of the Act makes clear that a term of an enterprise agreement has no effect to the extent that it permits, or has the effect of permitting, an employer to deduct an amount from an amount that is payable to any employee in relation to the performance of work if the deduction is directly or indirectly for the benefit of the employer or as otherwise unreasonable in the circumstances. Section 12.2 of the Agreement may be such a clause.

[4] 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.

[5] 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

<Price code G, AE899854  PR534039>