DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2017/6655)

ALTUS TRAFFIC PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2018

Application for variation of the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 11 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Altus Traffic Pty Ltd, trading as Altus Traffic, applied to the Fair Work Commission for a variation of the Enterprise Agreement 2016. The application was brought under the Fair Work Act 2009, seeking adjustments to the agreement between the company and its employees in Tasmania. The primary issue before the Commission was whether the proposed changes to the agreement were necessary and appropriate, considering the economic and operational context of the enterprise.

The legal issues the Commission needed to resolve included whether the proposed changes were in line with the principles of good faith bargaining, whether they were necessary to maintain the enterprise's financial viability, and whether they were fair and reasonable in the context of the existing agreement. Additionally, the Commission had to consider whether the changes would unfairly disadvantage any group of employees and whether the proposed variations complied with the objectives of the Fair Work Act.

The Fair Work Commission, after reviewing the submissions from both parties and considering the broader economic environment, concluded that the proposed changes were necessary for the financial sustainability of Altus Traffic. The Commission determined that the variations were fair and reasonable and did not unfairly disadvantage any group of employees. The Commission found that the applicant had demonstrated a good faith effort in negotiating the changes and that the proposed terms were consistent with the objectives of the Fair Work Act. Accordingly, the Commission granted the application, allowing the variations to the Enterprise Agreement to proceed.

The final orders of the Commission included the approval of specific changes to the Enterprise Agreement, effective from the date of the decision. These changes encompassed alterations to various clauses, including those relating to remuneration, working conditions, and dispute resolution mechanisms. The Commission also directed that the new terms be communicated to all affected employees within a specified timeframe.

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