Asta Traffic Management Pty Ltd Summary

[2024] FWCA 827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Asta Traffic Management Pty Ltd

(AG2024/252)

TRAFFIC MANAGEMENT PTY LTD ENTERPRISE AGREEMENT FOR CASUAL TRAFFIC CONTROLLERS 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 6 MARCH 2024

Application for approval of the Asta Traffic Management Pty Ltd Enterprise Agreement for Casual Traffic Controllers 2024

An application has been made for approval of an enterprise agreement known as the Asta Traffic Management Pty Ltd Enterprise Agreement for Casual Traffic Controllers 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asta Traffic Management Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 6 March 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from Asta Traffic Management Pty Ltd for approval of the Asta Traffic Management Pty Ltd Enterprise Agreement for Casual Traffic Controllers 2024. The agreement aimed to establish terms and conditions for casual traffic controllers employed by the company. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement as a modern award.

The primary legal issues addressed by the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it contained minimum terms and conditions as required by law and whether it complied with procedural fairness. The Commission also needed to determine if the agreement provided for appropriate protections and benefits for casual traffic controllers, given the nature of their employment.

In deliberating on these issues, the Commission examined the contents of the proposed agreement, considering both the substantive terms and the process by which the agreement was negotiated. The Commission found that the agreement included all the mandatory minimum terms and conditions as stipulated by the Fair Work Act, and that it was the product of genuine bargaining. It further concluded that the agreement provided adequate protections for casual traffic controllers, ensuring their entitlements were fair and reasonable. Consequently, the Commission approved the agreement, highlighting its compliance with statutory requirements and its fairness to both parties.

The final orders of the Commission were that the Asta Traffic Management Pty Ltd Enterprise Agreement for Casual Traffic Controllers 2024 be approved and registered under the Fair Work Act. This decision ensures that the agreement is legally binding and provides a clear framework for the employment of casual traffic controllers within the company.

Asta Traffic Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established