DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadside Traffic Management Pty Ltd
(AG2019/1198)

ROADSIDE TRAFFIC MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the Roadside Traffic Management Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Roadside Traffic Management Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadside Traffic Management Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Roadside Traffic Management Pty Ltd, which sought approval for the Roadside Traffic Management Enterprise Agreement 2019-2023. The dispute was heard in the Fair Work Commission, where the company aimed to have the proposed enterprise agreement endorsed. The agreement, if approved, would govern the terms and conditions of employment for its employees during the specified period.

The legal issues before the Commission centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, was free from any undue coercion or pressure, and was made in good faith. Additionally, the Commission examined if the agreement adequately covered essential matters as required by the Fair Work Act.

In its decision, the Commission detailed its analysis of the agreement's provisions, considering submissions from both the employer and employee representatives. The Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. It was determined to be made in good faith and without any undue influence. The agreement sufficiently addressed all essential matters, including wages, hours of work, and other employment conditions. Therefore, the Commission approved the agreement, allowing it to come into effect from the date of the decision.

The Commission's final order was that the Roadside Traffic Management Enterprise Agreement 2019-2023 be approved and registered. The agreement was to apply to all employees of Roadside Traffic Management Pty Ltd for the period commencing on 1 July 2019 and ending on 30 June 2023, unless terminated earlier in accordance with its provisions.

Roadside Traffic Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established