DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Macro Traffic Control Pty Ltd
(AG2015/344)

MACRO TRAFFIC CONTROL PTY LTD ENTERPRISE AGREEMENT - 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 MARCH 2015

Application for approval of the Macro Traffic Control Pty Ltd Enterprise Agreement - 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 February 2015 by Macro Traffic Control Pty Ltd for the approval of a single-enterprise agreement known as the Macro Traffic Control Pty Ltd Enterprise Agreement - 2014(“the Agreement”).

[2] On 16 March 2015, the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Macro Traffic Control Pty Ltd was involved in a dispute with its employees, which was brought before the Fair Work Commission. The matter centred on the approval of an enterprise agreement, specifically the Macro Traffic Control Pty Ltd Enterprise Agreement - 2014. The commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the commission had to address were whether the agreement was made in good faith, if it included only permissible matters, and whether it provided for proper dispute resolution mechanisms. Furthermore, the commission had to consider if the agreement had been properly negotiated and if it adhered to the requirements of the Fair Work Act.

In its decision, the commission examined the processes through which the agreement was negotiated, the nature of the bargaining between the parties, and whether the employees had been adequately represented. The commission found that the agreement was made in good faith and included all necessary permissible matters. It also confirmed that the dispute resolution mechanisms were appropriate and that the agreement had been properly negotiated. Consequently, the commission approved the enterprise agreement, recognising it as a fair and reasonable outcome for both the employer and employees.

The Fair Work Commission approved the Macro Traffic Control Pty Ltd Enterprise Agreement - 2014, thereby resolving the dispute between the employer and employees.

Macro Traffic Control 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