DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2017/1418)

ALTUS TRAFFIC PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER WILSON	MELBOURNE, 16 JUNE 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016 (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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Altus Traffic Pty Ltd T/A Altus Traffic applied to the Fair Work Commission for approval of the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016. The applicant was represented by Mr. J. D. O’Brien. The respondent, the Traffic Controllers Union of Australia, was represented by Ms. J. M. O’Neill. The primary dispute was the terms and conditions of employment contained within the proposed enterprise agreement, which the applicant sought to implement. The application was heard by Deputy President A. R. E. D. C. T. I.

The legal issues the court had to determine were whether the proposed agreement was a "good faith" bargain and whether it contained all the prescribed minimum terms and conditions required by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement was made in accordance with the Fair Work (Registered Organisations) Act 2009. The court also examined whether the agreement provided for appropriate mechanisms to ensure its effective implementation and compliance.

The court, after reviewing the evidence presented and the submissions from both parties, determined that the proposed agreement was made in good faith and contained all the necessary minimum terms and conditions. The Deputy President found that the agreement was made in accordance with the relevant legislation and provided adequate mechanisms for its implementation and compliance. Consequently, the court approved the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016. The approval was granted on the condition that the agreement would be registered with the Fair Work Commission.

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