Lack Group Traffic Pty Ltd

[2025] FWCA 1457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lack Group Traffic Pty Ltd

(AG2025/892)

LACK GROUP TRAFFIC PTY LTD & AWU QLD TRAFFIC CONTROL ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 2 MAY 2025

Application for approval of the Lack Group Traffic Pty Ltd & AWU QLD Traffic Control Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Lack Group Traffic Pty Ltd & AWU QLD Traffic Control Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lack Group Traffic Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lack Group Traffic Pty Ltd sought approval of the Lack Group Traffic Pty Ltd & AWU QLD Traffic Control Enterprise Agreement 2025, which was made pursuant to section 174 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, led by Commissioner Scott. The Australian Workers Union Queensland Branch opposed the application, arguing that the agreement was not in the best interests of the employees as it failed to meet the requirements of section 174(2) of the Act.

The central legal issue for the Commission was whether the proposed enterprise agreement was in the best interests of the employees. The Commission needed to assess if the agreement met the criteria set out in section 174(2) of the Fair Work Act 2009, including ensuring it provided for fair and reasonable terms and conditions of employment, and whether it was likely to promote high levels of job security and productivity. The Commission also considered the impact of the agreement on the employees' overall welfare and the balance of interests between the employer and the employees.

The Fair Work Commission determined that the proposed enterprise agreement was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to promote high levels of job security and productivity. The Commission also considered the impact of the agreement on the employees' overall welfare and found that the benefits to the employees outweighed any potential detriments. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Lack Group Traffic Pty Ltd & AWU QLD Traffic Control Enterprise Agreement 2025 to be registered. The agreement was registered on the Register of Approved Agreements, effective from 1 January 2025, and binding on all parties as of that date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established