DECISION

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

Priority Traffic Control Pty Ltd T/A Priority Traffic Control Qld
(AG2015/3054)

PRIORITY TRAFFIC CONTROL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 AUGUST 2015

Application for approval of the Priority Traffic Control Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 June 2015 by Priority Traffic Control Pty Ltd T/A Priority Traffic Control Qld for the approval of a single-enterprise agreement known as the Priority Traffic Control Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] On 11 August 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Priority Traffic Control Pty Ltd, trading as Priority Traffic Control Qld, applied for the approval of the Enterprise Agreement 2015. The agreement was submitted to the Commission for its consideration and subsequent endorsement to ensure it met the necessary standards under the Fair Work Act 2009. The application was made by the employer, with employee representatives present to voice their concerns and support for the proposed agreement.

The legal issues the Commission needed to resolve involved whether the Enterprise Agreement 2015 complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission examined whether proper consultation and negotiation processes had been followed. Substantively, the Commission assessed whether the agreement covered all mandatory bargaining items and did not include terms that were contrary to public policy or unfair. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, ensuring it met the 'better off overall test.'

After carefully reviewing the evidence and submissions, the Commission determined that the Enterprise Agreement 2015 complied with the requirements of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith, with adequate consultation and representation from both parties. It also met all the mandatory bargaining items and did not contain any terms that were contrary to public policy or unfair. The Commission concluded that the agreement provided fair and reasonable terms for the employees, satisfying the 'better off overall test.'

Accordingly, the Fair Work Commission approved the Enterprise Agreement 2015. The agreement was registered and would now serve as the legally binding contract between Priority Traffic Control Pty Ltd and its employees, covering the specified period and terms outlined in the agreement.

Priority Traffic Control Pty Ltd T/A Priority Traffic Control Qld

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established