DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2019/3621)

ALTUS TRAFFIC (NSW & ACT) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 OCTOBER 2019

Application for variation of the Altus Traffic (NSW & ACT) Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Altus Traffic (NSW & ACT) Enterprise Agreement 2019 (the Agreement). The application was made by Altus Traffic Pty Ltd T/A Altus Traffic pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 August 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 18 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Altus Traffic Pty Ltd, trading as Altus Traffic, applied to the Fair Work Commission for a variation of the Altus Traffic (NSW & ACT) Enterprise Agreement 2019. The application was made by the employer, Altus Traffic, seeking changes to certain conditions of employment within the agreement. The dispute centred on the employer's request to modify provisions related to employee rosters and the introduction of new technology within the workforce.

The central legal issues before the Commission involved whether the proposed variations were procedurally correct, whether they were in the best interests of the employees, and whether the changes complied with relevant industrial laws. Specifically, the Commission had to consider the procedural fairness of the application, the merits of the proposed changes, and the overall impact on the workforce. The Commission also needed to ensure that the changes did not undermine the fundamental rights and protections afforded to employees under the Fair Work Act 2009.

In its decision, the Fair Work Commission examined the application process and the evidence provided by Altus Traffic. The Commission determined that the application was procedurally sound and that the proposed changes were reasonable and in the best interests of the employees. The Commission found that the introduction of new technology and modifications to the rostering system would not adversely affect employees, and in fact, would provide benefits such as improved efficiency and reduced manual workload. Accordingly, the Commission approved the requested variations to the enterprise agreement. This decision ensures that the changes can be implemented while maintaining a fair and balanced approach to the interests of both the employer and the employees.

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