Altus Traffic Pty Ltd T/A Altus Traffic

[2019] FWCA 7642

[2019] FWCA 7642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2019/3560)

ALTUS TRAFFIC (VICTORIA) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the Altus Traffic (Victoria) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Altus Traffic (Victoria) Enterprise Agreement 2019 (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 T/A Altus Traffic. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 25.1;

- 36.2;

- 41.6.

[3] However, noting clause 8.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer 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. The undertakings are taken to be a term of the agreement.

[5] 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.

[6] 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.

[7] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement was approved on 6 November 2019 and, in accordance with s.54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A