DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & D Traffic Management Pty Ltd
(AG2015/1118)

K & D TRAFFIC MANAGEMENT PTY LTD / AWU TRAFFIC CONTROL ACT GREENFIELD AGREEMENT 2015-2017

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the K & D Traffic Management Pty Ltd / AWU Traffic Control ACT Greenfield Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the K & D Traffic Management Pty Ltd / AWU Traffic Control ACT Greenfield Agreement 2015-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by K & D Traffic Management Pty Ltd. The Agreement is a greenfields agreement.

[2] 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 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 15 May 2015 and, in accordance with s.54, will operate from 22 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

K & D Traffic Management Pty Ltd sought approval of an agreement between itself and the Australian Workers' Union Traffic Control ACT, relating to conditions of employment for traffic controllers in the ACT for the period 2015 to 2017. The application was heard by the Fair Work Commission (FWC), a specialist body with expertise in employment and industrial relations law. The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement. The FWC found that the agreement met the legislative criteria for approval, including that it provided for the pay and conditions of the employees it covered. The FWC also found that the agreement was in the best interests of the employees. The FWC noted that the agreement provided for minimum pay rates and conditions which were at least equal to, and in some cases better than, those provided for in the relevant industry award. The FWC also noted that the agreement provided for a dispute resolution process which was designed to ensure that disputes were resolved efficiently and fairly. The FWC approved the agreement and directed that it be registered as an enterprise agreement. The parties to the agreement were bound by the terms of the agreement and the agreement was to have effect from the date of registration.

K & D Traffic Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established