K & D Traffic Management Pty Ltd

[2018] FWCA 6199

[2018] FWCA 6199

FAIR WORK COMMISSION

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

<AE500348  PR701079>