MIB Traffic Management Pty Ltd Summary

[2013] FWCA 2111

FAIR WORK COMMISSION

DECISION

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

MIB Traffic Management Pty Ltd
(AG2013/4826)

MIB TRAFFIC MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for approval of the MIB Traffic Management Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the MIB Traffic Management Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, MIB Traffic Management Pty Ltd applied for approval of the MIB Traffic Management Pty Ltd Enterprise Agreement 2012. The applicants sought to have the agreement, which had been entered into between the employer and the employees represented by the Transport Workers Union, approved under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the required terms and conditions, and if it was fair and reasonable in the circumstances.

The key legal issues before the Commission were whether the agreement met all the statutory requirements, including those concerning minimum entitlements, and whether it was a "better off overall test" agreement. This test requires that the employees are no worse off financially overall and are better off in some respect compared to their previous terms and conditions. The Commission also had to consider whether the agreement contained all the necessary procedural safeguards and whether it was consistent with the relevant industrial instruments.

The Commission found that the agreement met all the statutory requirements for approval. It contained all the necessary terms and conditions, including minimum entitlements, and it was a "better off overall test" agreement. The Commission was satisfied that the agreement had been negotiated in good faith and that all procedural safeguards had been complied with. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases and improved leave entitlements. The Commission also found that the agreement was consistent with the relevant industrial instruments. As a result, the Commission approved the agreement.

The Fair Work Commission approved the MIB Traffic Management Pty Ltd Enterprise Agreement 2012, subject to certain conditions and modifications. These included the removal of certain clauses that were inconsistent with the Fair Work Act 2009, and the addition of a clause requiring the employer to provide written confirmation of any changes to the agreement to the employees. The Commission also made an order that the agreement would commence on the date of the Commission's decision and would remain in force until 30 June 2016.

MIB Traffic Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established