DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2019/4899)

WORKFORCE INTERNATIONAL GROUP QLD TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Workforce International Group QLD Traffic Management Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Group QLD Traffic Management Enterprise Agreement 2020 (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 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. Pursuant to s.201(3), 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. 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 (AWU) 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 14 February 2020 and, in accordance with s.54, will operate from 21 February 2020. The nominal expiry date of the Agreement is 13 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NL Consulting Services, trading as Workplace Solutions, applied for approval of the Workforce International Group QLD Traffic Management Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, specifically section 232, which requires an agreement to be approved by the Fair Work Commission. The dispute involved the terms and conditions of employment for traffic management workers in Queensland, including issues such as wages, hours of work, and other employment conditions.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, particularly regarding the process by which it was made and whether it contained all the necessary provisions. The court also needed to consider whether the agreement was likely to provide for fair and efficient workplace relations and whether it complied with the relevant provisions of the Act, such as those relating to bargaining and employee representation.

The court examined the process through which the agreement was made, ensuring that it was done in good faith and involved genuine bargaining. It assessed whether the agreement provided for a fair and efficient workplace and whether it complied with the mandatory terms and conditions set out in the Fair Work Act. The court found that the agreement met all the necessary requirements and was likely to provide for fair and efficient workplace relations. Consequently, the court approved the Workforce International Group QLD Traffic Management Enterprise Agreement 2020, confirming its compliance with the Act and its appropriateness for the workforce in question.

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