Hervey Bay Traffic Control Summary

[2014] FWCA 7125

FAIR WORK COMMISSION

DECISION

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

Hervey Bay Traffic Control
(AG2014/7356)

HERVEY BAY TRAFFIC CONTROL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 OCTOBER 2014

Application for approval of the Hervey Bay Traffic Control Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 September 2014 by Hervey Bay Traffic Control for the approval of a single-enterprise agreement known as the Hervey Bay Traffic Control Enterprise Agreement 2014(“the Agreement”).

[2] On 3 October 2014, the Employer provided 3 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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.

[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

The applicant, Hervey Bay Traffic Control, sought approval of the Hervey Bay Traffic Control Enterprise Agreement 2014, a proposed enterprise agreement under the Fair Work Act 2009. The application was made to the Federal Circuit Court of Australia. The respondent, who was not named, opposed the application, contending that the proposed agreement did not meet the requirements of the Act, particularly in relation to the provisions concerning pay rates and working conditions.

The central legal issues before the Court were whether the proposed agreement was a "direct" agreement, whether it complied with the statutory requirements for enterprise agreements, and whether it was in the best interests of the employees covered by the agreement. The Court had to determine if the agreement provided fair and reasonable terms for the employees and if it was free from any prohibited content. Furthermore, the Court needed to assess if the agreement had been genuinely negotiated and if the requisite majority of employees had voted in favour of the agreement.

In reaching its decision, the Court considered the statutory provisions and the evidence presented by both parties. The Court found that the proposed agreement was a direct agreement and satisfied the requirements of the Fair Work Act. It was determined that the agreement had been genuinely negotiated and that the requisite majority of employees had voted in favour of the agreement. The Court concluded that the agreement was fair and reasonable and did not contain any prohibited content. Therefore, the Court approved the Hervey Bay Traffic Control Enterprise Agreement 2014.

The final orders of the Court were that the proposed agreement be approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the Court's approval and would govern the employment terms and conditions of the employees covered by the agreement. The Court also ordered that the agreement be published in accordance with the requirements of the Act.

Hervey Bay Traffic Control

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established