DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glancy Constructions Pty Ltd T/A Superior Traffic Management
(AG2015/4548)

GLANCY CONSTRUCTIONS PTY LTD TRADING AS SUPERIOR TRAFFIC MANAGEMENT QUEENSLAND ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 26 AUGUST 2015

Application for approval of the Glancy Constructions Pty Ltd Trading As Superior Traffic Management Queensland Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Glancy Constructions Pty Ltd Trading As Superior Traffic Management Queensland Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glancy Constructions Pty Ltd T/A Superior Traffic Management. 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 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Glancy Constructions Pty Ltd Trading As Superior Traffic Management Queensland Enterprise Agreement 2015-2019. The applicant, Superior Traffic Management, sought the approval of the agreement as a modern award under the Fair Work Act 2009. The application was made in response to negotiations between the employer and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary concern of the dispute was whether the agreement met the criteria for approval as set out in the legislation, specifically focusing on whether the agreement was fairly and properly negotiated and provided for the payment of employees at the relevant award rates and conditions.

The Fair Work Commission considered whether the agreement complied with the procedural requirements for negotiation, including the existence of genuine negotiations and the provision of necessary information. The court also examined whether the agreement included terms and conditions that were not less favourable than those provided by the relevant awards or modern awards. Furthermore, the Commission assessed whether the agreement provided for adequate dispute resolution mechanisms and whether it included specific provisions that were necessary to ensure fairness and clarity in the employment relationship.

In determining the application, the Fair Work Commission concluded that the agreement was fairly and properly negotiated, as evidenced by the comprehensive documentation and participation of the parties involved. The Commission found that the agreement contained terms and conditions that were not less favourable than those provided by the relevant awards and met all the statutory requirements for approval. The Commission further noted that the agreement included adequate provisions for dispute resolution and provided for the payment of employees at the relevant award rates and conditions. Accordingly, the Fair Work Commission approved the application, and the Glancy Constructions Pty Ltd Trading As Superior Traffic Management Queensland Enterprise Agreement 2015-2019 was registered as a modern award under the Fair Work Act 2009.

Glancy Constructions Pty Ltd T/A Superior Traffic Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established