DECISION

Fair Work Act 2009
s.185—Enterprise agreement

STA Traffic Management Solutions Pty Ltd T/A STA Traffic Management
(AG2014/10957)

STA TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MARCH 2015

Application for approval of the STA Traffic Management Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the STA Traffic Management Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by STA Traffic Management Solutions Pty Ltd T/A STA Traffic Management. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from STA Traffic Management Solutions Pty Ltd T/A STA Traffic Management. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 15 December 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The parties in this case were STA Traffic Management Solutions Pty Ltd, trading as STA Traffic Management, and the Australian Services Union. The dispute was about the approval of the STA Traffic Management Enterprise Agreement 2014-2018. The matter was heard by the Fair Work Commission (FWC), an Australian independent statutory body responsible for resolving workplace disputes.

The central legal issues the FWC had to determine were whether the enterprise agreement met the procedural and substantive requirements set forth in the Fair Work Act 2009. Procedurally, the court had to consider if the agreement was genuinely negotiated and if it followed the necessary processes, including the provision of necessary information to the employees. Substantively, the FWC assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the economic circumstances, the nature of the enterprise, and the relative bargaining power of the parties.

The FWC found that the agreement had been genuinely negotiated and followed the necessary procedural requirements. The court noted that STA Traffic Management had provided relevant information to the employees and had engaged in good faith negotiations with the union. In terms of substance, the FWC concluded that the agreement's terms and conditions were fair and reasonable. The FWC considered the economic context, the nature of the enterprise, and the relative bargaining power of the parties. The FWC found that the agreement provided for fair and reasonable terms that balanced the interests of both the employer and the employees.

The FWC approved the STA Traffic Management Enterprise Agreement 2014-2018, confirming its compliance with the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions governing the employment relationship between STA Traffic Management and its employees are legally binding and enforceable. This decision provides clarity and certainty for both the employer and the employees in relation to their rights and obligations under the agreement.

STA Traffic Management Solutions Pty Ltd T/A STA Traffic Management

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established