BBC Traffic Management Pty Ltd

[2023] FWCA 1454

[2023] FWCA 1454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BBC Traffic Management Pty Ltd

(AG2023/1109)

BBC TRAFFIC MANAGEMENT PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 29 MAY 2023

Application for approval of the BBC Traffic Management Pty Ltd & The Australian Workers’ Union Agreement 2022.

1. BBC Traffic Management Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the BBC Traffic Management Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 47.1 – Maximum weekly hours of work

·   Clause 56.1(a) – Annual leave

·   Clause 59.5 – Personal leave

·   Clause 61.1 – Compassionate leave

However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 29 May 2023 and, in accordance with s.54, will operate from 5 June 2023. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520080  PR762079>

Annexure A