DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4558)

ALL ROADS TRAFFIC SOLUTIONS PTY LTD T/AS ALL ROADS TRAFFIC SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) TRAFFIC CONTROL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the All Roads Traffic Solutions Pty Ltd T/As All Roads Traffic Solutions 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 Roads Traffic Solutions Pty Ltd T/As All Roads Traffic Solutions 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 August 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

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between All Roads Traffic Solutions Pty Ltd (trading as All Roads Traffic Solutions) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the terms and conditions of the Traffic Control Enterprise Agreement 2016-2018, and whether it met the necessary criteria for approval under Australian labour laws. The Fair Work Commission was tasked with determining the fairness and compliance of the agreement with relevant industrial regulations.

The primary legal issues that the Fair Work Commission had to address included whether the agreement was genuinely negotiated, if it contained appropriate provisions for employee protection and fairness, and whether it met the requirements for authorisation under the Fair Work Act 2009. The Commission also had to consider whether the agreement adhered to the provisions regarding employees' rights and obligations, including minimum wages, working hours, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the Traffic Control Enterprise Agreement 2016-2018 had been genuinely negotiated between the parties, as evidenced by the submissions and the process outlined in the application. The Commission noted that the agreement contained provisions that were fair and reasonable, taking into account the specific needs of the industry and the interests of the employees. It was determined that the agreement complied with the statutory requirements and did not contravene any provisions of the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the necessary legal standards.

The Fair Work Commission approved the Traffic Control Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act 2009. This decision finalised the application, allowing the agreement to take effect as intended between the parties.

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