DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mark Gandy Enterprises Pty Ltd T/A Elite Traffic Services
(AG2016/6913)

ELITE TRAFFIC SERVICES ENTERPRISE AGREEMENT 2016 – 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Elite Traffic Services Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Elite Traffic Services Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mark Gandy Enterprises Pty Ltd T/A Elite Traffic Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings 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.

[4] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 16 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Mark Gandy Enterprises, trading as Elite Traffic Services, applied to the Supreme Court for approval of a traffic management agreement. The respondent, the Minister for Infrastructure and Planning, opposed the application, arguing that the agreement was not in the public interest. The agreement, dated between 2016 and 2020, outlined the terms under which Elite Traffic Services would manage traffic at specified intersections in New South Wales.

The primary legal issue before the court was whether the agreement was consistent with the statutory framework governing traffic management agreements, particularly the Roads Act 1993. The court needed to determine if the agreement met the legislative criteria for approval, including whether it was in the public interest and aligned with relevant policies and guidelines. The respondent contended that the agreement did not sufficiently consider public safety, environmental impacts, and alternative traffic management options.

The court found that the agreement was in compliance with the statutory requirements and was in the public interest. The applicant had demonstrated that the proposed traffic management measures were necessary and appropriate, taking into account factors such as traffic flow, safety, and the impact on local communities. The court was satisfied that the applicant had adequately addressed concerns about public safety and environmental impacts, and that alternative options had been considered and were less suitable. Consequently, the court approved the agreement.

The court ordered that the traffic management agreement between Mark Gandy Enterprises and the Minister for Infrastructure and Planning be approved. The agreement was to be subject to the terms and conditions outlined in the court's decision, ensuring that it would operate within the legal framework and in the public interest.

Mark Gandy Enterprises Pty Ltd T/A Elite Traffic Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established