Newada Pty Ltd T/A Men At Work Traffic Services Summary

[2014] FWCA 7666

FAIR WORK COMMISSION

DECISION

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

Newada Pty Ltd T/A Men At Work Traffic Services
(AG2014/9059)

NEWADA PTY LTD MEN AT WORK TRAFFIC SERVICES/AWU TRAFFIC CONTROL ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the Newada Pty Ltd Men At Work Traffic Services/AWU Traffic Control Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Newada Pty Ltd Men At Work Traffic Services/AWU Traffic Control Enterprise Agreement 2014-2017 (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 (the Applicant). 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 relevant to this application for approval have been met.

[3] The Australian Workers’ Union Newcastle, Central Coast and Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the applicant, Newada Pty Ltd trading as Men At Work Traffic Services, sought approval of the Newada Pty Ltd Men At Work Traffic Services/AWU Traffic Control Enterprise Agreement 2014-2017. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including the provisions for genuine agreement and the public interest test. The dispute arose from objections by the Australian Workers' Union, which argued that the agreement did not meet the statutory requirements for approval.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining if the agreement was a genuine agreement, made without any element of coercion or pressure, and if it was in the public interest. The court had to consider the nature of the bargaining process, the terms of the agreement, and the potential impact on the workforce and broader community.

The court examined the evidence and submissions from both parties, including the details of the bargaining process and the terms of the agreement. The court found that the agreement was genuinely made without any undue influence or coercion. The terms of the agreement were considered fair and reasonable, taking into account the specific circumstances of the industry and the workforce. Additionally, the court determined that the agreement was in the public interest, as it provided for fair and equitable terms for employees while also supporting the operations of the business. Consequently, the court approved the enterprise agreement.

The court's final order was the approval of the Newada Pty Ltd Men At Work Traffic Services/AWU Traffic Control Enterprise Agreement 2014-2017, confirming its compliance with the statutory requirements of the Fair Work Act 2009.

Newada Pty Ltd T/A Men At Work Traffic Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established