DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mark Gandy Enterprises Pty Ltd T/A Elite Traffic Services
(AG2020/3217)

ELITE TRAFFIC SERVICES ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 NOVEMBER 2020

Application for approval of the Elite Traffic Services Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Elite Traffic Services Enterprise Agreement 2020 - 2024 (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 Employer 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. The undertakings are taken to be a term of 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 is approved and, in accordance with s.54 of the Act, will operate from 7 December 2020. The nominal expiry date of the Agreement is 29 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Mark Gandy Enterprises Pty Ltd trading as Elite Traffic Services and its employees, who sought approval for the Elite Traffic Services Enterprise Agreement 2020-2024. The application was made to the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it had been negotiated in good faith, and whether it provided for fair and reasonable terms and conditions for employees. The Commission also needed to determine if the agreement complied with the procedural requirements, such as the provision of a copy of the agreement to the Fair Work Ombudsman and the requisite number of employees.

The Fair Work Commission, in its decision, examined the negotiation process and found that the agreement had been made in good faith. It considered the terms of the agreement and concluded that they were fair and reasonable. The Commission also confirmed that the necessary procedural requirements had been met, including the provision of the agreement to the Fair Work Ombudsman and the requisite number of employees. Based on these findings, the Commission approved the agreement.

The Commission made an order approving the Elite Traffic Services Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement is now legally binding on the employer and the employees covered by the agreement.

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