Traffic Group Australia Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Traffic Group Australia P/L (SA) Enterprise Agreement 2013. The applicant, Traffic Group Australia, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The agreement, which was negotiated between Traffic Group Australia and the union representing its employees, was intended to govern the terms and conditions of employment for the company's workers. The dispute centred around the fairness and validity of the agreement, with concerns raised by some parties about the potential impact on employees' rights and conditions.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act and whether it met the 'better off overall test' (BOOT) to ensure that employees were not worse off under the new agreement. The Commission needed to consider whether the agreement was made genuinely and freely, without any form of coercion or undue influence. Additionally, the Commission had to determine if the agreement provided terms and conditions that were no less favourable than those provided under the applicable awards or previous agreements, thereby ensuring that employees were at least as well off under the new agreement as they would have been under the existing arrangements.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the Traffic Group Australia P/L (SA) Enterprise Agreement 2013 was made in a fair and genuine manner. The Commission found that the agreement met all the necessary criteria under the Fair Work Act, including the BOOT. The Commission concluded that the agreement provided terms and conditions that were not less favourable than those provided under the applicable awards, thus ensuring that employees would not be worse off. Consequently, the Commission approved the agreement and ordered that it be registered as a lawful enterprise agreement.

Traffic Group Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established