Altus Traffic Pty Ltd Summary

[2013] FWCA 9772

FAIR WORK COMMISSION

DECISION

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

Altus Traffic Pty Ltd
(AG2013/10187)

ALTUS TRAFFIC (NSW & ACT) AND THE AWU ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2013

Application for approval of the Altus Traffic (NSW & ACT) and The AWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe

Altus Traffic (NSW & ACT) and The AWU Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Altus Traffic Pty Ltd applied for approval of the Altus Traffic (NSW & ACT) and The AWU Enterprise Agreement 2013, which had been entered into with the Australian Workers' Union (AWU). The dispute arose under the Fair Work Act 2009 and was heard in the Federal Circuit Court of Australia. The applicants sought the court's approval for the agreement, which they claimed met the requirements of the Act and was fair and reasonable for the employees covered by it.

The court was required to determine whether the agreement complied with the statutory provisions and whether it was fair and reasonable in the context of the Act's objectives. The applicants argued that the agreement was fair and reasonable, while the objectors, including some employees and the Australian Building and Construction Commission, contended that it was not. The court had to consider various aspects of the agreement, including its terms, the process by which it was negotiated, and its impact on the employees.

In its decision, the court found that the agreement was generally fair and reasonable. The court noted that the negotiation process was conducted in good faith and that the terms of the agreement were not unreasonable. The court also considered the objectors' concerns, including the impact on employees' working conditions and the potential for the agreement to undermine the protections provided by the Act. However, the court concluded that the agreement was consistent with the objectives of the Act and did not unfairly disadvantage any party. The court approved the agreement, finding that it met the statutory requirements and was fair and reasonable.

The court's final orders included approval of the Altus Traffic (NSW & ACT) and The AWU Enterprise Agreement 2013. The court also ordered that the agreement be registered with the Fair Work Commission, which would have the effect of making it a legally binding enterprise agreement. The objectors were given the right to appeal the decision within the prescribed period.

Altus Traffic Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established