Evolution Traffic Control Pty Ltd Summary

[2014] FWCA 5485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Evolution Traffic Control Pty Ltd
(AG2014/6486)

EVOLUTION TRAFFIC CONTROL PTY LTD NSW/ACT ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Evolution Traffic Control Pty Ltd NSW/ACT Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Evolution Traffic Control Pty Ltd NSW/ACT Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evolution Traffic Control Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 4 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group Chief Executive Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Evolution Traffic Control Pty Ltd sought approval for their proposed enterprise agreement for the period 2013-2016. The application was contested by the Transport Workers Union of Australia, which represented a number of employees. The dispute centred on the terms and conditions stipulated in the proposed agreement and whether they met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement was "better off overall" for the employees, as required by section 234 of the Fair Work Act. The Commission had to determine if the agreement provided fair and reasonable terms, including wages, leave, and other employment conditions, in comparison to the existing industrial instruments. Additionally, the Commission had to examine whether the agreement complied with the "no disbenefit" test, ensuring that employees were not worse off in any respect under the new agreement.

The Commission found that the proposed agreement was fair and reasonable, meeting the "better off overall" test. The Commission considered the comparative analysis of the proposed agreement against the existing conditions and concluded that employees would not be worse off in any respect. The Commission also noted the consultation process undertaken by the employer and the union, which included several meetings and negotiations, and found that the agreement was the result of genuine bargaining. The Commission approved the application for the agreement, emphasising the importance of the terms being fair and reasonable for the employees.

The final order of the Commission was to approve the Evolution Traffic Control Pty Ltd NSW/ACT Enterprise Agreement 2013-2016, subject to the terms being registered with the Fair Work Commission. The approval was based on the determination that the agreement met all necessary legal requirements and provided fair and reasonable terms for the employees.

Evolution Traffic Control Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established