DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd t/a Workplace Solutions
(AG2015/5031)

WORKFORCE INTERNATIONAL GROUP QLD TRAFFIC CONTROL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Workforce International Group QLD Traffic Control Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Group QLD Traffic Control Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd t/a Workplace Solutions. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was tasked with approving the Workforce International Group QLD Traffic Control Enterprise Agreement 2015, following an application by NL Consulting Services Pty Ltd trading as Workplace Solutions. The application was made under section 232 of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions, and if it was free from any prohibited content.

The Commission examined the provisions of the agreement, focusing on whether it provided for fair and reasonable terms and conditions for employees. This included assessing the agreement's provisions on pay rates, hours of work, leave entitlements, and other conditions. The Commission also considered whether the agreement contained any prohibited content, such as terms that were discriminatory or that allowed for unjustifiable hardship. After careful consideration, the Commission determined that the agreement met the necessary criteria for approval.

The Fair Work Commission found that the Workforce International Group QLD Traffic Control Enterprise Agreement 2015 provided for fair and reasonable terms and conditions for employees and did not contain any prohibited content. The Commission noted that the agreement provided for competitive pay rates and reasonable working hours, as well as provisions for leave entitlements and other conditions. The Commission was satisfied that the agreement was in the best interests of the employees covered by it, and approved the application for registration. As a result, the agreement is now legally binding on the parties involved, and provides a framework for the terms and conditions of employment for the relevant employees.

NL Consulting Services Pty Ltd t/a Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established