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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Altus Traffic Pty Ltd trading as Altus Traffic, the Fair Work Commission was called upon to consider the application for approval of the Altus Traffic (Victoria) Enterprise Agreement 2019. The application was brought by the employer, Altus Traffic Pty Ltd, and the union, United Voice, representing the employees. The crux of the dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement, which both parties sought to have approved by the Commission.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it contained terms that were contrary to the principles of procedural fairness or the public interest. Specifically, the Commission needed to examine the procedural fairness in the negotiation process, the coverage of the agreement, and whether the agreement provided for appropriate mechanisms for dispute resolution. Furthermore, the Commission considered whether the terms of the agreement were in line with the Fair Work Act's objectives, including ensuring that employees were not disadvantaged.

After thoroughly reviewing the application and the evidence provided by both parties, the Fair Work Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement was negotiated in good faith, covered all relevant employees, and contained appropriate dispute resolution mechanisms. Moreover, the terms of the agreement were deemed to be in line with the objectives of the Fair Work Act, ensuring that employees were not disadvantaged. Consequently, the Commission approved the Altus Traffic (Victoria) Enterprise Agreement 2019, thereby resolving the dispute in favour of the employer and the union.

Altus Traffic Pty Ltd T/A Altus Traffic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established