Professional Traffic Solutions Pty Ltd

[2018] FWCA 4525

[2018] FWCA 4525

The attached document replaces the document previously issued with the above code on 1 August 2018.

The document title has been edited to remove the words:

“APPLICATION FOR APPROVAL OF”

Ms Alexa Kuzyk

Associate to Commissioner Gregory

Dated 1 August 2018

[2018] FWCA 4525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Professional Traffic Solutions Pty Ltd
(AG2017/2243)

PROFESSIONAL TRAFFIC SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 AUGUST 2018

Application for approval of the Professional Traffic Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Professional Traffic Solutions Pty Ltd Enterprise Agreement 2017 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by Professional Traffic Solutions Pty Ltd. It is a single enterprise agreement.

[2] Following receipt of the application the Commission was advised by the Traffic Management Association of Australia and the Australian Workers’ Union that they both objected to approval of the proposed Agreement. The matter was accordingly set down for hearing and an interim decision was handed down on 21 February 2018 in [2018] FWC 1007. In that decision, the Commission noted that the Applicant had proposed to provide further undertakings, and the Commission would again give further consideration to the application when those proposed undertakings had been received.

[3] Those written undertakings have now been received. I am satisfied in response that they deal with the concerns that were raised by the Commission in its interim decision. A copy of the undertakings is attached in Annexure A. I am satisfied that they will not cause financial detriment to any employee covered by the Agreement, and will not result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement.

[4] I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] The application is approved and in accordance with s.54 of the Act will operate from 8 August 2018. The nominal expiry date of the agreement is 7 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE429396  PR609618>

Annexure A