DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traffic Facilities Maintenance Pty Ltd
(AG2017/1361)

TRAFFIC FACILITIES MAINTENANCE ENTERPRISE AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2017

Application for approval of the Traffic Facilities Maintenance Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Traffic Facilities Maintenance Enterprise Agreement 2017 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traffic Facilities Maintenance Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. The nominal expiry date of the Agreement is 3 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Traffic Facilities Maintenance Pty Ltd sought approval of an enterprise agreement proposed for the employees in their organisation. The proposed agreement, titled the Traffic Facilities Maintenance Enterprise Agreement 2017-2021, was put forward by the company and covered a range of terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The employees, represented by a union, did not oppose the agreement but sought clarification on certain aspects of its implementation.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement provided for minimum entitlements, was free from prohibited content, and if it had been genuinely negotiated between the parties. Additionally, the Commission needed to ensure that the agreement did not have an adverse effect on employees' existing terms and conditions, apart from in limited circumstances.

The Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for all minimum entitlements, contained no prohibited content, and appeared to be the product of genuine negotiation. The Commission also determined that there were no adverse effects on the employees' existing terms and conditions, beyond what was permitted under the Act. Consequently, the Commission approved the Traffic Facilities Maintenance Enterprise Agreement 2017-2021, deeming it to be in the interests of the employees and the employer.

Traffic Facilities Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established