Lack Group Traffic Pty Ltd Summary

[2024] FWCA 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lack Group Traffic Pty Ltd

(AG2024/2020)

LACK GROUP TRAFFIC PTY LTD AND AWU NSW TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 18 JUNE 2024

Application for approval of the Lack Group Traffic Pty Ltd and AWU NSW Traffic Control Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Lack Group Traffic Pty Ltd and AWU NSW Traffic Control Enterprise Agreement 2024 (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 Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2024. The nominal expiry date of the Agreement is 18 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lack Group Traffic Pty Ltd, a roadworks traffic controller, applied to the Fair Work Commission for the approval of a proposed enterprise agreement with the Australian Workers' Union NSW Traffic Control Enterprise. The company sought to have the agreement registered as a single-enterprise agreement, binding on all its employees. The dispute involved the negotiation process, terms and conditions of employment, and the overall fairness and reasonableness of the proposed agreement. The Fair Work Commission was the tribunal tasked with reviewing the application and determining whether to approve the agreement.

The primary legal issues the court had to address were whether the proposed agreement was genuinely negotiated between the parties, if the terms and conditions were fair and reasonable, and whether the agreement complied with all relevant legislative requirements. The court also needed to assess if the agreement met the threshold criteria for approval, such as the requirement for a majority of employees to support the agreement. Furthermore, the court examined the negotiation process to ensure it was conducted in good faith and without coercion.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated between the parties and met the majority support requirement. The court considered the negotiation process thorough and in good faith, and the terms and conditions of the agreement were fair and reasonable. The Commission concluded that the agreement complied with all relevant legislative requirements and met the threshold criteria for approval. Consequently, the Fair Work Commission approved the proposed enterprise agreement, binding on all employees of Lack Group Traffic Pty Ltd.

The Fair Work Commission's final orders included the approval of the Lack Group Traffic Pty Ltd and AWU NSW Traffic Control Enterprise Agreement 2024 as a single-enterprise agreement, effective from the date of registration. The agreement now governs the employment terms and conditions of all employees of Lack Group Traffic Pty Ltd, subject to the provisions of the Fair Work Act 2009.

Lack Group Traffic Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established