DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Coast Traffic Services Pty Ltd
(AG2015/6511)

EAST COAST TRAFFIC SERVICES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the East Coast Traffic Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the East Coast Traffic Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Coast Traffic Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 12 November 2015 and, in accordance with s.54, will operate from 19 November 2015. The nominal expiry date of the Agreement is 12 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, East Coast Traffic Services Pty Ltd, sought approval of the East Coast Traffic Services Enterprise Agreement 2015, which would govern the terms and conditions of employment for its employees. The application was brought before the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia. The application was contested by the Transport Workers Union of Australia, which argued that certain provisions of the proposed agreement were not fair and reasonable.

The primary legal issue before the Commission was whether the provisions of the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the provisions were fair and reasonable in all respects, having regard to the matters set out in section 234 of the Act. The Union argued that certain provisions of the agreement were not fair and reasonable, including provisions relating to penalty rates and the use of casual employees.

The Commission found that the provisions of the proposed agreement were fair and reasonable in all respects. The Commission noted that the agreement provided for a range of benefits for employees, including increased pay rates, improved leave entitlements, and better access to training and development opportunities. The Commission also noted that the agreement provided for a fair and transparent process for resolving disputes between employees and the employer. The Commission concluded that the agreement met the requirements of the Act and approved the application for approval of the East Coast Traffic Services Enterprise Agreement 2015.

The Fair Work Commission approved the application for approval of the East Coast Traffic Services Enterprise Agreement 2015. The Union's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

East Coast Traffic Services 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