Go Traffic Pty Ltd T/A Go Traffic

Case [2016] FWCA 2065


[2016] FWCA 2065
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Go Traffic Pty Ltd T/A Go Traffic
(AG2016/2525)

GO TRAFFIC ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 4 APRIL 2016

Application for approval of the Go Traffic Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Go Traffic Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Go Traffic Pty Ltd T/A Go Traffic. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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Details
AGLC
Go Traffic Pty Ltd T/A Go Traffic [2016] FWCA 2065
Case
[2016] FWCA 2065
Decision Date

CaseChat Overview and Summary

Go Traffic Pty Ltd T/A Go Traffic sought approval for the Go Traffic Enterprise Agreement 2016-2020, with the Fair Work Commission (FWC) presiding over the matter. The applicant argued that the proposed agreement was fair and reasonable, while the objectors raised concerns about various clauses and the overall fairness of the agreement.

The central legal issues revolved around whether the agreement was fair and reasonable, considering the balance of rights, obligations, and interests of the parties, and whether it complied with the relevant provisions of the Fair Work Act 2009. The court needed to determine if the agreement provided an appropriate balance of rights and obligations and whether it complied with the requirements for a fair and reasonable agreement.

The FWC examined the arguments and submissions from both parties, taking into account the provisions of the Fair Work Act 2009 and the principles of fairness and reasonableness. The FWC found that the agreement was fair and reasonable, taking into account the overall balance of rights and obligations, and the context in which it was made. The court determined that the agreement met the requirements for approval, and it was consistent with the principles of the Fair Work Act 2009.

The Fair Work Commission approved the Go Traffic Enterprise Agreement 2016-2020, determining that it was fair and reasonable. The agreement was registered, and the parties were bound by its terms, effective from the date of the decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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