BBC Traffic Management Pty Ltd Summary

[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.

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.

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, 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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

BBC Traffic Management Pty Ltd applied to the Fair Work Commission for the approval of the BBC Traffic Management Pty Ltd & The Australian Workers’ Union Agreement 2022. The application was made under section 235 of the Fair Work Act 2009, with the agreement containing various provisions including minimum rates of pay, classification of employees, and conditions of employment. The application was opposed by various parties who raised concerns about the potential impact of the agreement on employees and the broader workforce.

The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement was likely to lead to improved workplace relations and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and was made in good faith and without coercion. The Commission also found that the agreement was likely to lead to improved workplace relations and provided for appropriate dispute resolution mechanisms. Accordingly, the Commission approved the agreement, subject to certain conditions and modifications.

The Fair Work Commission approved the BBC Traffic Management Pty Ltd & The Australian Workers’ Union Agreement 2022, subject to certain conditions and modifications. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009, and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was likely to lead to improved workplace relations and provided for appropriate dispute resolution mechanisms. The approval of the agreement will provide certainty and stability to the parties and their employees, and will help to promote improved workplace relations.

BBC 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