DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Nations Traffic Management Pty Ltd
(AG2020/2022)

FIRST NATIONS TRAFFIC MANAGEMENT & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2020

Application for approval of the First Nations Traffic Management & The Australian Workers' Union Agreement 2020.

[1] First Nations Traffic Management Pty Ltd has made an application for approval of a greenfields agreement known as the First Nations Traffic Management & The Australian Workers’ Union Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 3 August 2020 and, in accordance with s 54, will operate from 10 August 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

First Nations Traffic Management Pty Ltd sought approval for an agreement with The Australian Workers' Union. The application was brought before the Fair Work Commission, with the union arguing that the agreement provided for fair and reasonable terms for its members. The company contended that the agreement was necessary for operational efficiency and reflected the realities of their business. The Commission had to determine whether the agreement met the statutory criteria for approval under the Fair Work Act.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it provided for fair and reasonable terms for employees and whether it met the standard of being in the best interests of the employees. The Commission considered the balance of rights and obligations in the agreement, the process by which the agreement was negotiated, and whether there was adequate consultation and disclosure. The union argued that the agreement adequately protected its members' interests, while the company argued that the agreement was necessary for the business to operate efficiently.

After reviewing the evidence and submissions, the Commission found that the agreement provided for fair and reasonable terms for the employees. The agreement was comprehensive, covering a wide range of employment conditions and was negotiated in good faith. The Commission was satisfied that there had been adequate consultation and that the agreement was in the best interests of the employees. Consequently, the Commission approved the agreement, finding it met the necessary legal standards.

The Fair Work Commission approved the First Nations Traffic Management & The Australian Workers' Union Agreement 2020. This decision sets a precedent for future agreements between the parties and provides clarity on the expectations for such agreements under the Fair Work Act.

First Nations Traffic Management 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