Cross Traffic Services Pty Ltd

[2024] FWCA 4272

[2024] FWCA 4272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cross Traffic Services Pty Ltd

(AG2024/4383)

CROSS TRAFFIC SERVICES PTY LTD & THE AUSTRALIAN WORKERS’ UNION TRAFFIC MANAGEMENT AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 4 DECEMBER 2024

Application for approval of the Cross Traffic Services Pty Ltd & the Australian Workers’ Union Traffic Management Agreement 2024

1. An application has been made for approval of a greenfields agreement known as the Cross Traffic Services Pty Ltd & the Australian Workers’ Union Traffic Management Agreement 2024 (the Agreement). The application was made by Cross Traffic Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers' Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

·   Clause 59.5 – Personal Leave (Sick Leave/Carers Leave)

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation. The AWU is of the view that the Agreement passes the better off overall test.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2024. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

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