Traffic Group Australia Pty Ltd

[2013] FWCA 9591

[2013] FWCA 9591

FAIR WORK COMMISSION

DECISION

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

Traffic Group Australia Pty Ltd
(AG2013/11500)

TRAFFIC GROUP AUSTRALIA P/L (SA) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 DECEMBER 2013

Application for approval of the Traffic Group Australia P/L (SA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Traffic Group Australia P/L (SA) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traffic Group Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“Section 13.2 and 14.1(a) of the agreement

Should a traffic controller be required to work a split shift or is called back and be eligible for the daily fares allowance, the allowance will be paid at the commencement of each shift worked that day.

Section 16 of the agreement

Should a traffic controller be classified as a continuous shift worker under the National Employment Standards and Building and Construction General On-site Award 2010 then they shall be entitled to one additional week of annual leave.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2013. The nominal expiry date of the Agreement is 13 December 2017.

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