The Australian Workers’ Union Summary

[2014] FWCA 1786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/487)

DIRECT TRAFFIC SERVICES PTY LTD, VICTORIA AND AWU TRAFFIC MANAGEMENT COLLECTIVE AGREEMENT 2014 TO 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 MARCH 2014

Application for approval of the Direct Traffic Services Pty Ltd, Victoria and AWU Traffic Management Collective Agreement 2014 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Direct Traffic Services Pty Ltd, Victoria and AWU Traffic Management Collective Agreement 2014 to 2016 (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 (AWU). The agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 March 2014 and, in accordance with s.54, will operate from 25 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for the approval of a collective agreement negotiated with Direct Traffic Services Pty Ltd. The application was made under the Fair Work Act 2009, which provides a framework for the resolution of workplace disputes and the regulation of industrial relations. The nature of the dispute was the formal recognition and approval of a collective agreement governing the employment terms and conditions of workers at Direct Traffic Services Pty Ltd for the period 2014 to 2016.

The legal issues before the Commission were whether the collective agreement met the statutory requirements for approval, specifically whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also had to determine whether the agreement provided for a fair and efficient workplace and whether it was made in good faith.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for a fair and efficient workplace, and it was made in good faith. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also found that the agreement provided for the protection of the rights of employees and employers and that it facilitated the resolution of workplace disputes. The Commission approved the collective agreement, and it came into effect on 1 July 2014.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established