Acquired Awareness Traffic Management Pty Ltd Summary

[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

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CaseChat Overview and Summary

In the case of Acquired Awareness Traffic Management Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement. The dispute centred on the fairness and compliance of the proposed agreement between the employer and the employees represented by the Union of Employees. The legal issues at hand were whether the agreement was genuinely negotiated, met the statutory requirements for approval, and whether it was in the best interests of the employees. The court had to examine the negotiation process, the terms of the agreement, and its overall fairness to the employees.

The Fair Work Commission closely examined the negotiation process to ensure it was genuinely conducted and free from any undue influence. The court also assessed whether the agreement met the statutory criteria for approval, including provisions on pay rates, conditions, and other terms and conditions of employment. Furthermore, the court had to determine whether the agreement was in the best interests of the employees, taking into account their overall welfare and rights.

After a thorough review, the Fair Work Commission found that the negotiation process was genuine, the agreement met all statutory requirements, and it was in the best interests of the employees. The court was satisfied that the agreement was fair and balanced, providing adequate protections and benefits for the employees. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the court were to approve the Acquired Awareness Traffic Management Pty Ltd Enterprise Agreement 2012-2016, confirming its validity and enforceability under the Fair Work Act. The agreement was to be implemented as per its terms and conditions, providing a framework for the employment relationship between the employer and the employees.

Acquired Awareness Traffic Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established