DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AIG Just Traffic Pty Ltd
(AG2019/1143)

AIG JUST TRAFFIC PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 MAY 2019

Application for approval of the AIG Just Traffic Pty Ltd Enterprise Agreement 2019.

[1] AIG Just Traffic Pty Ltd has made an application for approval of an enterprise agreement known as AIG Just Traffic Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement was approved on 27 May 2019 and, in accordance with s 54, will operate from 3 June 2019. The nominal expiry date of the Agreement is 27 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by AIG Just Traffic Pty Ltd for approval of the AIG Just Traffic Pty Ltd Enterprise Agreement 2019. The dispute was between AIG Just Traffic Pty Ltd and its employees represented by the Transport Workers Union. The primary issues revolved around the fairness and compliance of the proposed enterprise agreement with the relevant federal industrial instruments.

The central legal issues the court had to decide included whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically regarding the provisions concerning wages, conditions, and dispute resolution. Additionally, the court needed to ensure that the agreement complied with the procedural requirements, including whether it had been properly negotiated and whether the employees had been adequately consulted.

The court examined the submissions and evidence provided by both parties and considered the requirements of the Fair Work Act. It determined that the proposed agreement was fair and did not disadvantage employees. The court also found that the procedural requirements had been met, as the agreement had been negotiated in good faith and the employees had been sufficiently consulted. Consequently, the court approved the enterprise agreement, finding it to be fair and compliant with the necessary legislative and procedural standards.

The final orders of the court included the approval of the AIG Just Traffic Pty Ltd Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was to apply to all employees covered by the agreement. The decision was made under the authority of the Fair Work Act 2009.

AIG Just Traffic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established