DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newada Pty Ltd T/A Men At Work Traffic Services
(AG2018/661)

NEWADA PTY LTD MEN AT WORK TRAFFIC SERVICES/AWU TRAFFIC CONTROL ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 JULY 2018

Application for approval of the Newada Pty Ltd Men at Work Traffic Services/AWU Traffic Control Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Newada Pty Ltd Men at Work Traffic Services/AWU Traffic Control Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Newada Pty Ltd T/A Men At Work 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Newada Pty Ltd, trading as Men at Work Traffic Services, to approve the Newada Pty Ltd Men at Work Traffic Services/AWU Traffic Control Enterprise Agreement 2018 - 2021. The Australian Workers' Union (AWU) was also a party to the application. The dispute centred on the procedural fairness and the compliance of the proposed enterprise agreement with relevant industrial legislation. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval, including whether the required consultation processes were followed and if the agreement was in the best interests of the employees.

The key legal issues before the Commission included whether there was adequate consultation with the employees, the fairness of the agreement's terms, and compliance with the Fair Work Act 2009. The Commission had to assess if the application met the requirements for fair and meaningful consultation and whether the agreement contained provisions that were in the best interests of the employees, including provisions for minimum wages, entitlements, and working conditions. Additionally, the Commission needed to ensure that the agreement did not undermine the protection of employees' rights under the Act.

The Fair Work Commission found that the application did not meet the requirements for approval. The Commission highlighted significant procedural deficiencies in the consultation process, including inadequate engagement with the employees and the AWU. The Commission concluded that the consultation process was not fair and meaningful as required by the Act. Furthermore, the Commission found that certain provisions of the agreement did not adequately protect the employees' interests, particularly in relation to minimum wage rates and entitlements. As a result, the application was dismissed.

The Fair Work Commission ordered that the application for approval of the enterprise agreement be dismissed. The Commission did not approve the agreement, highlighting the need for a proper consultation process and ensuring that the agreement contained provisions that were fair and in the best interests of the employees. The decision underscored the importance of adhering to the legislative requirements for consultation and the need for agreements to be beneficial to the employees they cover.

Newada Pty Ltd T/A Men At Work 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