Advanced Traffic Management (W.A) Pty Ltd

[2022] FWCA 3812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Advanced Traffic Management (W.A) Pty Ltd

(AG2022/4150)

Advanced Traffic Management (W.A) Pty Ltd - Enterprise Agreement 2022

Miscellaneous
COMMISSIONER SCHNEIDER	PERTH, 28 OCTOBER 2022

Application for approval of the Advanced Traffic Management (W.A) Pty Ltd - Enterprise Agreement 2022

Advanced Traffic Management (W.A) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Advanced Traffic Management (W.A) Pty Ltd - Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. No objection to the undertaking was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 28 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

Advanced Traffic Management (W.A) Pty Ltd applied to the Fair Work Commission for approval of its 2022 enterprise agreement. The application involved the terms and conditions of employment for the company's employees, with the company seeking to establish a new framework that would replace the existing conditions. The dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the legislative provisions and if it provided fair and reasonable terms for the employees.

The central legal issues before the Commission were whether the proposed agreement included all the mandated minimum terms, if it was free from any illegality, and if it had been genuinely agreed upon by the parties involved. The Commission also had to assess if the agreement met the "better off overall test" and if it was consistent with the Fair Work Act's objectives, which include promoting high levels of employment and enhancing workplace participation. Furthermore, the Commission considered if the agreement contained any provisions that were contrary to the public interest.

In making its decision, the Fair Work Commission examined the terms of the proposed agreement in detail, comparing them against the Fair Work Act's mandated minimum terms and the better off overall test. The Commission concluded that the agreement met all the legislative requirements and provided fair and reasonable terms for the employees. The Commission determined that the agreement was genuinely agreed upon by the parties and was consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Advanced Traffic Management (W.A) Pty Ltd Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established