The Australian Workers' Union

[2014] FWCA 8255

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/9215)

TRAFFIC MANAGEMENT AUSTRALIA PTY LTD / AWU TRAFFIC CONTROL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Traffic Management Australia Pty Ltd/AWU Traffic Control Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Traffic Management Australia Pty Ltd/AWU Traffic Control Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Worker’s Union(the Applicant). 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] Fair Work Commission received correspondence dated 6 November 2014, which included Undertakings related to the superannuation provisions at clause 10 of the Agreement, made by and duly signed by Graeme Beard, Industrial Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[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 Australian Workers’ Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Workers' Union (AWU) applied for approval of the Traffic Management Australia Pty Ltd/AWU Traffic Control Enterprise Agreement 2014. The application was made to the Fair Work Commission under section 232 of the Fair Work Act 2009. The dispute centred around the terms of the enterprise agreement between the AWU and Traffic Management Australia Pty Ltd, specifically whether the agreement met the legal requirements for approval and met the standards of the Fair Work Act.

The legal issues before the court were whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act, including whether it was made in good faith, whether it included appropriate terms for the employees, and whether it was free from any illegality or impropriety. Additionally, the court had to consider if the agreement provided for a fair and reasonable resolution of workplace issues and adequately protected the interests of the employees.

In delivering its decision, the Fair Work Commission examined the evidence presented and the arguments of both parties. The Commission found that the agreement was made in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement addressed key issues relevant to the employees, including wages, hours of work, and conditions of employment. Furthermore, the Commission was satisfied that the agreement was free from any illegality or impropriety. Based on these findings, the Commission approved the enterprise agreement, stating that it met the legal requirements and adequately protected the interests of the employees.

The final orders of the Fair Work Commission were that the Traffic Management Australia Pty Ltd/AWU Traffic Control Enterprise Agreement 2014 be approved and registered under section 186 of the Fair Work Act. The approval was subject to the terms and conditions set out in the agreement, and the agreement was to be in effect from the date of registration until such time as it was replaced or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established