Evolution Traffic Control Pty Ltd Summary

[2014] FWCA 2703

FAIR WORK COMMISSION

DECISION

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

Evolution Traffic Control Pty Ltd
(AG2014/5680)

EVOLUTION TRAFFIC CONTROL PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 APRIL 2014

Application for approval of the Evolution Traffic Control Pty Ltd Queensland Enterprise Agreement 2013-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 April 2014 by Evolution Traffic Control Pty Ltd for the approval of a single-enterprise agreement known as the Evolution Traffic Control Pty Ltd Queensland Enterprise Agreement 2013-2017 (“the Agreement”).

[2] 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.

[3] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Evolution Traffic Control Pty Ltd and the Transport Workers Union of Australia were before the Court, seeking approval of a proposed enterprise agreement. The dispute centred around the terms and conditions of employment for employees within the scope of the proposed agreement. The central legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the provisions for employee engagement and consultation. The Court had to determine if the agreement was fair and reasonable in all its aspects, taking into account the balance of rights and obligations for both the employer and employees.

The Court analysed various provisions of the agreement, assessing their fairness and reasonableness. It examined the provisions regarding hours of work, pay rates, and conditions of employment. The Court also considered the parties' submissions and any relevant evidence presented. It held that the agreement was fair and reasonable, as it provided for a balanced distribution of rights and obligations between the parties, and took into account the needs of the employees and the business. The Court noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate consultation mechanisms and provisions for employee engagement.

Consequently, the Court approved the Evolution Traffic Control Pty Ltd Queensland Enterprise Agreement 2013-2017. The agreement was deemed to be compliant with the Fair Work Act 2009 and was therefore valid and enforceable. The Court's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement met the necessary legal standards for approval.

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