Arafura Traffic Control Pty Ltd Summary

[2016] FWCA 2274

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Arafura Traffic Control Pty Ltd
(AG2016/2322)
ARAFURA TRAFFIC CONTROL PTY LTD ENTERPRISE
AGREEMENT 2016
Northern Territory
COMMISSIONER SAUNDERS	SYDNEY, 12 APRIL 2016

Application for approval of the Arafura Traffic Control Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Arafura Traffic Control Pty Ltd 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 Arafura

Traffic Control Pty Ltd.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the

Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of

accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.
[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

19 April 2016. The nominal expiry date of the Agreement is 12 April 2020.

COMMISSIONER

[2016] FWCA 2274

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application by Arafura Traffic Control Pty Ltd for approval of their enterprise agreement, the Arafura Traffic Control Pty Ltd Enterprise Agreement 2016. The application was made under section 185 of the Fair Work Act 2009. The employer provided written undertakings which the Commission accepted, finding that these were unlikely to cause financial detriment to any employee or result in substantial changes to the agreement. The Commission concluded that the agreement met the requirements of sections 186, 187, 188 and 190 of the Act, subject to the acceptance of the undertakings.

The primary legal issue was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was fair and reasonable, and whether it met the procedural requirements for approval by the Commission. The Commission needed to determine if the agreement complied with the Act and if the application process was correctly followed. Additionally, the Commission had to consider the effect of the employer's undertakings on the fairness and reasonableness of the agreement.

In its reasoning, the Commission noted that the employer's undertakings were acceptable as they did not likely cause financial detriment to employees or result in substantial changes to the agreement. The Commission was satisfied that the agreement met all the statutory requirements for approval, including fairness and reasonableness, and compliance with the Act. The Commission also found that the application process was correctly followed. Consequently, the Commission approved the agreement, subject to the conditions of the undertakings, and determined that it would operate from 19 April 2016 until 12 April 2020.

The final order of the Commission was that the Arafura Traffic Control Pty Ltd Enterprise Agreement 2016 was approved and would operate from 19 April 2016, with a nominal expiry date of 12 April 2020. The approval was subject to the conditions of the employer's undertakings, which the Commission found did not likely cause financial detriment to employees or result in substantial changes to the agreement.

Arafura Traffic Control Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established