DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Traffic Management Pty Ltd
(AG2019/2190)

FIRST TRAFFIC MANAGEMENT PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 JULY 2019

Application for approval of the FIRST TRAFFIC MANAGEMENT PTY LTD & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the FIRST TRAFFIC MANAGEMENT PTY LTD & The Australian Workers’ Union Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by First Traffic Management Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union are 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement was approved on 24 July 2019 and, in accordance with s.54 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of First Traffic Management Pty Ltd concerned an application for the approval of the First Traffic Management Pty Ltd & The Australian Workers' Union Agreement 2019. The applicant, First Traffic Management Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The Australian Workers' Union, representing the employees, also supported the application for approval.

The primary legal issue before the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act, which stipulates that an enterprise agreement must be certified as meeting certain criteria, including that it does not allow for terms that are less favourable than the applicable award or safety net award. The Commission also needed to determine whether the agreement had been made in good faith and whether it had been negotiated in a manner consistent with the Fair Work Act. Additionally, the Commission considered whether the agreement provided for a proper balance between the interests of employers and employees.

The Commission found that the agreement did not contain any terms that were less favourable than the applicable award or safety net award. It was also satisfied that the agreement had been made in good faith and had been negotiated in a manner consistent with the Fair Work Act. The Commission further concluded that the agreement provided for a proper balance between the interests of employers and employees. Accordingly, the Commission approved the agreement under section 171 of the Fair Work Act. The agreement was therefore approved and registered as the First Traffic Management Pty Ltd & The Australian Workers' Union Agreement 2019.

First 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