The Australian Workers' Union v Highway Traffic Control Pty Ltd

[2009] FWA 210

[2009] FWA 210

FAIR WORK AUSTRALIA

DECISION

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

The Australian Workers' Union
v
Highway Traffic Control Pty Ltd
(AG2009/11745)

HIGHWAY TRAFFICE CONTROL AND AWU TRAFFIC MANAGEMENT AGREEMENT 2009-2011
(AG2009/11745) [AE871402]

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 2 SEPTEMBER 2009

Highway Traffic Control and AWU Traffic Management Agreement 2009-2011.

[1] An application has been made for approval of an enterprise agreement known as Highway Traffic Control and AWU Traffic Management Agreement 2009-2011 (the Agreement). The Agreement is a single-enterprise agreement.

[2] The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) and is thus subject to the approval requirements of Sub-division B, Division 4, Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act during the bridging period.

[3] 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.

[4] The Agreement passes the no-disadvantage test.

[5] The Agreement contains a flexibility clause and also contains a consultation clause.

[6] The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 10 September 2009. The nominal expiry date of the Agreement is 16 January 2011.

COMMISSIONER

 1   Schedule 2, Part 1, Section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

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<Price code G, AE871402  PR989030>