DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & D Traffic Management Pty Ltd
(AG2015/2141)

D&D TRAFFIC MANAGEMENT & OTHER WORK - ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2015

Application for approval of the D & D Traffic Management & Other Work - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
D & D Traffic Management & Other Work - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by D & D Traffic Management Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 7 September 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 June 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, D & D Traffic Management Pty Ltd applied for approval of the D & D Traffic Management & Other Work - Enterprise Agreement 2015. The applicant, a company involved in traffic management, sought to formalise terms and conditions of employment for its employees under this new agreement. The application was made in accordance with the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement as a registered enterprise agreement.

The central legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act. This involved examining whether the agreement was genuinely negotiated, contained the required minimum terms and conditions, and did not unfairly discriminate against employees. The Commission also had to assess whether the agreement had been properly certified as a simple or low-risk agreement by a registered bargaining agent.

Upon reviewing the documentation and submissions, the Commission found that the agreement was appropriately negotiated and contained all the required minimum terms and conditions. It was also noted that the agreement did not unfairly discriminate against any group of employees. Furthermore, the Commission confirmed that the agreement was properly certified as a simple agreement. Consequently, the Commission approved the D & D Traffic Management & Other Work - Enterprise Agreement 2015, making it a registered enterprise agreement.

The Fair Work Commission's approval of the agreement means that it is now legally binding between D & D Traffic Management Pty Ltd and its employees, setting out the terms of employment as stipulated in the agreement.

D & D Traffic Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established