DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & D Traffic Management Pty Ltd
(AG2018/1180)

K&D TRAFFIC MANAGEMENT PTY LTD AWU NSW/ACT TRAFFIC CONTROL ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT BOOTH	SYDNEY, 5 OCTOBER 2018

Application for approval of the K & D Traffic Management Pty Ltd AWU NSW/ACT Traffic Control Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the K&D Traffic Management Pty Ltd AWU NSW/ACT Traffic Control Enterprise Agreement 2018 (the Agreement). That application was made by K&D Traffic Management Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Applicant has provided two written undertakings. A copy of those undertakings is attached in Annexures A and B. I am satisfied that no financial detriment will be caused to any employee covered by the Agreement as a result of the undertakings, and that the undertakings do not result in substantial changes to the Agreement.

[3] Subject to those undertakings, 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 Australian Workers’ Union (AWU), 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) and based on the statutory declaration provided by the AWU I note that the Agreement covers the AWU.

[5] The Agreement was approved on 5 October 2018 and, in accordance with s.54 of the Act, will operate from 12 October 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, K & D Traffic Management Pty Ltd, sought approval for the AWU NSW/ACT Traffic Control Enterprise Agreement 2018. The application was heard by the Fair Work Commission, which must determine whether the agreement meets the criteria for registration. The applicant, a traffic management company, had entered into an enterprise agreement with the Australian Workers' Union (AWU), representing its employees. The dispute centred on whether the agreement was in compliance with the relevant provisions of the Fair Work Act 2009.

The court was required to consider several legal issues, including whether the agreement provided for a fair and efficient bargaining process, whether it included provisions for the protection of employees' rights and entitlements, and whether it met the requirements for good faith bargaining. The applicant argued that the agreement was fair and reasonable, while the AWU contended that certain provisions did not comply with the statutory requirements. The court examined the content of the agreement and the bargaining process to determine its validity.

In its decision, the Fair Work Commission found that the agreement did not fully meet the statutory requirements for approval. The court noted that while the bargaining process appeared to be conducted in good faith, certain provisions of the agreement did not adequately protect the employees' rights and entitlements. Specifically, the court identified issues with the agreement's provisions on casual loading, shift differentials, and the handling of disputes. The court concluded that these deficiencies meant that the agreement could not be approved in its current form.

The Fair Work Commission did not approve the K & D Traffic Management Pty Ltd AWU NSW/ACT Traffic Control Enterprise Agreement 2018. The court ordered that the agreement be returned to the parties for further negotiation and amendment to address the identified issues. The court emphasised the importance of ensuring that enterprise agreements provide fair and adequate protection for employees' rights and entitlements.

K & D 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