Retro Traffic Pty Ltd

[2019] FWCA 2233

[2019] FWCA 2233

FAIR WORK COMMISSION

DECISION

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

Retro Traffic Pty Ltd
(AG2018/3590)

THE RETRO TRAFFIC ENTERPRISE AGEEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HAMPTON	ADELAIDE, 4 APRIL 2019

Application for approval of The Retro Traffic Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Retro Traffic Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Retro Traffic Pty Ltd (Retro). The Agreement is a single-enterprise agreement.

[2] There is a considerable history leading to this decision. The Agreement was originally approved 1 by another arm of the Commission in December 2018. A Full Bench of this Commission overturned2 the original decision on appeal from the Australian Workers’ Union (AWU) (the Appeal Decision). As a consequence of the Appeal Decision, the application for approval of the Agreement was remitted to me for re-determination. Following a further hearing, I issued a decision on 29 March 20193 (the March Decision) substantially dealing with the remaining concerns about whether the Agreement met the approval requirements of the Act.

[3] This decision should be read in conjunction with the Appeal Decision and the March Decision. Collectively, these three decisions set out the relevant context for the application, the findings of the Commission and the reasons why I consider the Agreement is now capable of approval.

[4] In the March Decision I found that the Agreement was capable of approval provided a further undertaking was provided by Retro arising from the issues canvassed in that decision. The employer subsequently provided a consolidated formal written undertaking, which incorporated the additional undertaking and undertakings already provided at earlier stages of the Commission’s approval process.

[5] I have sought the views of the bargaining representatives about the undertakings, and the various parts of what is now the consolidated undertaking are either supported, or in the case of the additional item, not opposed by the AWU.

[6] I consider that the consolidated undertaking adequately deals with the underlying issues associated with the matters identified by the Commission. The consolidated undertaking does not result in substantial changes to the Agreement and no employee will be disadvantaged or suffer financial detriment. As a result, I have accepted the consolidated undertaking pursuant to s.190 of the Act, and with the approval of the instrument, the consolidated undertaking is taken to be a term of the Agreement. The consolidated undertaking is appended to this Agreement as approved.

[7] 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.

[8] The 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) of the Act I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days from this approval decision. The nominal expiry date of the Agreement is 3 April 2023.

COMMISSIONER

 1   [2018] FWCA 7383.

 2   [2019] FWCFB 1068.

 3   [2019] FWC 2062.

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