DECISION

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

Statewide Traffic Management
(AG2018/6427)

STATEWIDE TRAFFIC MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2019

Application for approval of the Statewide Traffic Management Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Statewide Traffic Management Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Traffic Management. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 3 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Director – Statewide Traffic Management, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 18 March 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Statewide Traffic Management Pty Ltd sought approval of an enterprise agreement which it had negotiated with the Transport Workers Union. The dispute centred on the terms and conditions of employment for traffic controllers employed by the company, including issues such as wages, leave entitlements, and other employment conditions. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the formal requirements set out in the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it contained the necessary provisions for the protection of employees' interests. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and efficiency of the transport industry, given the critical role of traffic controllers.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the formal requirements for approval. The Commission acknowledged the need for fair and reasonable terms for both the employees and the employer, while also ensuring the safety and efficiency of the transport industry. The agreement was approved on the basis that it provided for fair and equitable terms and conditions of employment, without undermining the safety and efficiency of the industry.

The final orders of the Commission were that the enterprise agreement be approved, subject to certain conditions that aimed to safeguard the interests of employees and the public. The agreement was to be registered with the Fair Work Commission and would apply to all relevant employees from the effective date of the agreement.

Statewide Traffic Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established