DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2018/4861)

ALTUS TRAFFIC (QUEENSLAND) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Altus Traffic (Queensland) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Altus Traffic (Queensland) Enterprise Agreement 2018 (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] 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.

[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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Altus Traffic Pty Ltd, trading as Altus Traffic, applied for the approval of the Altus Traffic (Queensland) Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute centred on whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The primary concern was whether the agreement adequately covered the terms and conditions of employment, including the bargaining period, coverage, and procedural fairness in the bargaining process.

The legal issues that the Commission was required to decide included whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Another significant issue was whether the agreement had been properly certified by an independent certifier. The Commission also had to consider if there were any procedural flaws in the bargaining process that might have affected the validity of the agreement.

The Fair Work Commission, after reviewing the submissions and evidence, found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission was satisfied with the procedural fairness of the bargaining process and accepted the certification provided by the independent certifier. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

The Fair Work Commission approved the Altus Traffic (Queensland) Enterprise Agreement 2018, setting out the terms and conditions of employment for the employees covered by the agreement. This decision provided legal certainty and a clear framework for the employment relationship between Altus Traffic and its 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