DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Altus Traffic Pty Ltd
(AG2015/5937)

ALTUS TRAFFIC (WA) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Altus Traffic (WA) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Altus Traffic (WA) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Altus Traffic Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 1 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Altus Traffic Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Altus Traffic (WA) Enterprise Agreement 2015, which had been negotiated with its employees. The employees, represented by the Transport Workers Union of Australia, contested the application on various grounds, including concerns about the agreement's provisions on wages and conditions. The Fair Work Commission, consisting of a delegate of the President, was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained the required minimum terms and conditions, was free from prohibited content, and was made in good faith. The Commission had to examine the specific provisions of the agreement and ensure that it complied with the statutory framework. Additionally, the Commission needed to assess if the agreement was genuinely negotiated between the parties and if it met the standards of procedural fairness.

The Commission determined that the agreement was largely compliant with the legal requirements. It found that the agreement contained the necessary minimum terms and conditions and did not include any prohibited content. The Commission also concluded that the agreement was made in good faith and was the product of genuine negotiations. The concerns raised by the union regarding certain provisions were addressed and resolved in a manner that satisfied the statutory requirements. The Commission approved the agreement, finding that it met all necessary criteria for endorsement under the Act.

The Fair Work Commission approved the Altus Traffic (WA) Enterprise Agreement 2015, subject to certain minor modifications to address the union's concerns. These modifications ensured that the agreement was fair and met the legal standards for approval. The decision provided clarity on the application of the Fair Work Act to enterprise agreements and reinforced the importance of good faith negotiations and procedural fairness in the agreement-making process.

Altus 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