Highway Traffic Control Pty Ltd

[2013] FWCA 10218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Highway Traffic Control Pty Ltd
(AG2013/11627)

HIGHWAY TRAFFIC CONTROL PTY LTD (VICTORIA) EMPLOYEE COLLECTIVE TRAFFIC MANAGEMENT AGREEMENT 2013 TO 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Highway Traffic Control Pty Ltd (Victoria) Employee Collective Traffic Management Agreement 2013 to 2015.

[1] An application has been made for approval of an enterprise agreement known as the Highway Traffic Control Pty Ltd (Victoria) Employee Collective Traffic Management Agreement 2013 to 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Highway Traffic Control Pty Ltd. 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, 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 December 2013 and, in accordance with s.54, will operate from 31 December 2013. The nominal expiry date of the Agreement is 25 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Highway Traffic Control Pty Ltd applied for approval of its employee collective traffic management agreement for the period 2013 to 2015. The application was heard by the Fair Work Commission, which is responsible for the approval of such agreements under the Fair Work Act 2009. The applicants argued that the proposed agreement was fair and reasonable, while the respondents raised concerns about certain clauses that they believed were not in line with the Fair Work Act's objectives.

The central legal issues the Commission had to address were whether the agreement met the statutory criteria for approval under section 235 of the Act, including whether it provided for the protection of employees' rights and entitlements, and whether it was procedurally fair. The Commission needed to assess the agreement's content and whether it complied with the Fair Work Act's principles of good faith bargaining and procedural fairness.

In its decision, the Fair Work Commission examined the agreement's provisions in detail, considering the arguments presented by both parties. The Commission found that while there were some concerns about specific clauses, the overall agreement was fair and reasonable. The Commission determined that the agreement met the statutory criteria for approval and was consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the Highway Traffic Control Pty Ltd (Victoria) Employee Collective Traffic Management Agreement 2013 to 2015. The Commission's approval was based on the overall fairness of the agreement and its compliance with the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established