DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4736)

ALL ABOUT TRAFFIC MANAGEMENT PTY LTD AND THE CFMEU (VICTORIA CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016 - 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2016

Application for approval of the All About Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the All About Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy 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) 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 2 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the All About Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 - 2018, the Fair Work Commission was tasked with determining whether the proposed agreement should be approved and registered under the Fair Work Act 2009. The application was brought by the Construction, Forestry, Mining and Energy Union, on behalf of its members employed by All About Traffic Management Pty Ltd. The dispute centred on the terms and conditions of the enterprise agreement, including wages, working conditions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of ensuring the agreement was in the best interests of the employees and did not unfairly disadvantage any party. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test" which requires that employees be no worse off financially and preferably better off overall as a result of the agreement. The Commission also had to consider whether the agreement was free from any provisions that could be seen as undermining the rights of employees or promoting industrial action.

The Commission concluded that the proposed agreement was fair and reasonable, and met the requirements of the Act. The agreement provided for appropriate wage increases and working conditions that were not detrimental to the employees, and included provisions for dispute resolution that were fair and accessible. The Commission determined that the agreement was in the best interests of the employees, as they would be better off overall under the terms of the agreement. Consequently, the Commission approved and registered the enterprise agreement, ensuring it would be legally binding between the parties.

The final orders of the Commission were that the All About Traffic Management Pty Ltd and the CFMEU (Victorian Construction and General Division) Traffic Control Enterprise Agreement 2016 - 2018 be approved and registered under section 185 of the Fair Work Act 2009. The agreement was to apply to all employees of All About Traffic Management Pty Ltd covered by the agreement from 1 July 2016 until 30 June 2018, unless terminated earlier in accordance with its provisions.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established