The Australian Workers' Union

[2014] FWCA 7667

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/9101)

K & D TRAFFIC MANAGEMENT PTY LTD/AWU TRAFFIC CONTROL ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the K & D Traffic Management Pty Ltd / AWU Traffic Control Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe K & D Traffic Management Pty Ltd/AWU Traffic Control Enterprise Agreement 2014-2017 (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 Workers’ 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] The Australian Workers’ Union Greater NSW Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 lodged an application before the Fair Work Commission, seeking approval of the Traffic Control Enterprise Agreement 2014-2017 between K & D Traffic Management Pty Ltd and the AWU. The dispute centred on the fairness, coverage, and compliance of the agreement with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was fairly negotiated, whether it met the requirements for coverage under the Fair Work Act, and if it complied with the 'better off overall test'. The Commission had to determine if the agreement provided for employees' terms and conditions that were at least as favourable as those under the relevant award or safety net.

The Fair Work Commission found that the agreement was fairly negotiated, covered the intended employees, and met the 'better off overall test'. The Commission emphasised that the agreement provided for significant improvements in pay and conditions compared to the relevant award, thus meeting the statutory requirements. The Commission approved the agreement, highlighting the positive impact it would have on the employees' terms and conditions of employment.

The Fair Work Commission approved the Traffic Control Enterprise Agreement 2014-2017 between K & D Traffic Management Pty Ltd and the Australian Workers' Union. The Commission determined that the agreement was fairly negotiated, adequately covered the intended employees, and satisfied the 'better off overall test', ensuring that employees were at least as well off under the agreement as they would be under the relevant award or safety net.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established