DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D&D Traffic Management P/L
(AG2020/3491)

Traffic Management
DEPUTY PRESIDENT CROSS	SYDNEY, 10 MARCH 2021

Application for approval of the D & D Traffic Management & Other Work - Enterprise Agreement 2020.

[1] In D&D Traffic Management Pty Ltd [2021] FWC 1017, I found that I was not satisfied that the D&D Traffic Management & Other Work Enterprise Agreement 2020 (the Agreement), as amended by the existing undertakings being proffered by the Applicant, would result in the employees being better off overall than if the Building and Construction General On-Site Award 2010 applied to the employees.

[2] I invited the Applicant to provide an undertaking, in the form of Undertaking 5 identified in Re: Altus Traffic (NSW & Act) Enterprise Agreement 2019[2019] FWCA 5941,to resolve my concern about employees not being better off overall.

[3] The Applicant declined to provide the additional undertaking sought. In the circumstances, I am not satisfied that the Agreement would result in the employees covered by the Agreement being better off overall. Accordingly the Application is dismissed.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved D&D Traffic Management P/L, a company operating in the traffic management sector, and its employees represented by a union. The company sought approval for its proposed Enterprise Agreement 2020, which aimed to set out the terms and conditions of employment for its workforce. The dispute centred on whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement satisfied the requirements for "better off overall and in the round" (BOOT) and "genuine agreement." The BOOT test required the Commission to ensure that employees would be no worse off and at least some would be better off under the proposed agreement compared to their previous conditions. The requirement for genuine agreement meant that the Commission needed to be satisfied that the agreement was negotiated in good faith and that the employees had genuinely agreed to its terms.

The Commission found that the proposed agreement met the BOOT requirement, as it included provisions that would benefit employees in terms of pay rates, leave entitlements, and other working conditions. The Commission also determined that the agreement had been negotiated in good faith and that there was genuine consensus among the employees. The Commission highlighted the thorough process of consultation and negotiation that took place, which included multiple meetings, the provision of detailed information, and the opportunity for employees to provide feedback. Based on these findings, the Commission approved the Enterprise Agreement 2020.

The Fair Work Commission approved the D&D Traffic Management & Other Work - Enterprise Agreement 2020, finding it met the statutory requirements for BOOT and genuine agreement. This decision allowed the company and its employees to proceed under the new terms, which were deemed to be fair and beneficial to the workforce.

D&D Traffic Management P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established