DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ETM Traffic Pty Ltd T/A ETM Australia
(AG2017/2804)

ETM TRAFFIC PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 NOVEMBER 2017

Application for approval of the ETM Traffic Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the ETM Traffic Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ETM Traffic Pty Ltd T/A ETM Australia. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 1 November 2017 and, in accordance with s.54, will operate from 8 November 2017. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ETM Traffic Pty Ltd T/A ETM Australia applied for approval of the ETM Traffic Pty Ltd Enterprise Agreement 2017-2021. The application was made under section 232 of the Fair Work Act 2009 by the employer, ETM Traffic Pty Ltd, in relation to its employees. The dispute centred on whether the proposed enterprise agreement met the criteria for approval under the legislation, including whether it provided for the fair and equitable treatment of employees, and if it complied with the relevant provisions of the Act.

The legal issues before the Commission were whether the agreement adequately addressed the terms and conditions of employment, including pay rates, hours of work, and other entitlements, and whether it satisfied the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement compared to their previous conditions. The Commission also needed to consider whether the agreement included appropriate mechanisms for dispute resolution and if it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement did indeed meet the necessary criteria for approval. It determined that the agreement provided for fair and equitable treatment of employees, as it established competitive pay rates and included provisions for overtime and penalty rates. The Commission also concluded that the agreement satisfied the 'better off overall test' for the majority of employees. Furthermore, the agreement contained suitable provisions for dispute resolution and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the ETM Traffic Pty Ltd Enterprise Agreement 2017-2021.

As a result of the Commission's decision, the ETM Traffic Pty Ltd Enterprise Agreement 2017-2021 was approved and is now in effect. The agreement will govern the employment conditions of the relevant employees for the specified period, providing a framework for their terms and conditions of employment, including pay, hours of work, and other entitlements.

ETM Traffic Pty Ltd T/A ETM Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established