DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DOB Enterprises Pty Ltd T/A Watchout Training and Traffic Control
(AG2016/2126)

DOB ENTERPRISES PTY LTD T/A WATCHOUT TRAINING AND TRAFFIC CONTROL AND THE AWU ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the DOB Enterprises Pty Ltd t/a Watchout Training and Traffic Control and the AWU Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the DOB Enterprises Pty Ltd t/a Watchout Training and Traffic Control and the AWU Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DOB Enterprises Pty Ltd T/A Watchout Training and Traffic Control. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2016. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved DOB Enterprises Pty Ltd, trading as Watchout Training and Traffic Control, which applied for the approval of the AWU Enterprise Agreement 2015-2018. The Australian Workers’ Union, as the employer’s representative, supported the application, while the Australian Education, Industrial Relations and Training Union sought to intervene on behalf of its members. The central dispute was whether the enterprise agreement, which contained provisions concerning employment conditions, was fair and equitable under the Fair Work Act 2009.

The court needed to determine if the agreement met the criteria for approval, including whether it was free from prohibited content, contained appropriate dispute resolution mechanisms, and was consistent with the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to assess if the agreement adequately covered matters such as wages, hours of work, and other conditions of employment without contravening any statutory provisions.

After a detailed examination of the agreement, the court found that it complied with all the necessary legislative requirements. The agreement was deemed fair and balanced, containing provisions that appropriately addressed the terms and conditions of employment. The court concluded that the agreement was suitable for approval, as it did not include any prohibited content and had adequate dispute resolution mechanisms in place. The intervener’s objections were not sufficient to overturn the application.

The court granted the application for the approval of the enterprise agreement, allowing it to be registered and enforceable. This decision confirmed that the agreement would serve as the governing document for the employment conditions between DOB Enterprises Pty Ltd and its employees as per the provisions outlined in the AWU Enterprise Agreement 2015-2018.

DOB Enterprises Pty Ltd T/A Watchout Training and Traffic Control

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established