The Australian Workers’ Union

[2014] FWCA 2180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/3918)

AUSTRALIAN ROADS TRAFFIC SERVICES NSW PTY LTD/AWU TRAFFIC CONTROL GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 APRIL 2014

Application for approval of the Australian Roads Traffic Services NSW Pty Ltd / AWU Traffic Control Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australian Roads Traffic Services NSW Pty Ltd / AWU Traffic Control Greenfield 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 Workers’ Union. The Agreement is a greenfields agreement.

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

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2014. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) applied for approval of the Australian Roads Traffic Services NSW Pty Ltd / AWU Traffic Control Greenfield Agreement 2014. The application was heard in the Fair Work Commission. The main parties involved were the AWU, representing the workers, and Australian Roads Traffic Services NSW Pty Ltd, representing the employer. The dispute centred around whether the proposed agreement provided fair and reasonable terms for the employees engaged in traffic control services.

The legal issues before the court were whether the agreement met the statutory criteria for approval as a greenfields agreement, including whether it provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees and whether it complied with relevant industrial laws.

The Fair Work Commission assessed the agreement against the criteria for approval. It examined the terms and conditions proposed in the agreement, the negotiation process, and the interests of the employees. The court found that the agreement provided for fair and reasonable terms and conditions for the employees and was in their best interests. The commission approved the agreement, noting that it appropriately balanced the interests of both parties and complied with industrial laws.

The final orders included the approval of the Australian Roads Traffic Services NSW Pty Ltd / AWU Traffic Control Greenfield Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions would govern the employment of the employees in traffic control services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established