Rainmont Pty Ltd T/A Allied Traffic Services Summary

[2014] FWCA 37

FAIR WORK COMMISSION

DECISION

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

Rainmont Pty Ltd T/A Allied Traffic Services
(AG2013/11678)

ALLIED TRAFFIC SERVICES ENTERPRISE BARGAINING AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 JANUARY 2014

Application for approval of the Allied Traffic Services Enterprise Bargaining Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Allied Traffic Services Enterprise Bargaining Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 January 2014. The nominal expiry date of the Agreement is1 July 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rainmont Pty Ltd, trading as Allied Traffic Services, applied for the approval of the Allied Traffic Services Enterprise Bargaining Agreement 2013-2017. The application was heard in the Fair Work Commission, where the dispute involved the terms and conditions of employment for the workers in Allied Traffic Services' workforce. The application was contested by a union representing some of the employees, who raised concerns about certain provisions of the proposed agreement.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the provisions governing minimum wages, penalty rates, and other employment conditions. The union argued that some of the proposed terms were not fair and reasonable and did not meet the "better off overall test". The union also contended that the agreement failed to provide adequate protections for employees in terms of leave entitlements and other benefits.

The Commission examined the evidence and submissions from both parties and considered the provisions of the Fair Work Act. In its decision, the Commission found that the proposed agreement met the legislative requirements and was fair and reasonable. The Commission noted that the agreement provided for minimum wages and penalty rates that were consistent with those in similar agreements in the industry. The Commission also found that the agreement provided for adequate leave entitlements and other benefits for employees. The Commission concluded that the agreement was likely to be better off for the employees overall, taking into account the improvements in other conditions of employment.

The Commission approved the Allied Traffic Services Enterprise Bargaining Agreement 2013-2017, subject to certain modifications to address the union's concerns about the leave provisions. The modifications required the employer to provide additional leave entitlements to certain employees and to improve the processes for leave accrual and payment. The employer was also required to provide additional training opportunities for employees. The union's objections to other provisions of the agreement were dismissed.

Rainmont Pty Ltd T/A Allied Traffic Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established