DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traffic Logistics Pty Ltd
(AG2016/3974)

TRAFFIC LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the Traffic Logistics Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Traffic Logistics Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traffic Logistics Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

Traffic Logistics Pty Ltd applied to the Fair Work Commission for approval of the Traffic Logistics Pty Ltd Enterprise Agreement 2016. The applicant, Traffic Logistics Pty Ltd, sought approval for the enterprise agreement, which had been negotiated with the union representing its employees. The union had indicated it would not object to the application, but several individual employees, who were not members of the union, lodged objections to specific clauses in the agreement. The dispute arose because the individual employees contended that the agreement did not adequately address their employment conditions and entitlements.

The Fair Work Commission was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement contained the minimum terms and conditions mandated by the Act, and whether it had been negotiated in good faith. The Commission also had to assess if the agreement was free from any procedural flaws that could render it invalid.

In assessing the application, the Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement contained the minimum terms and conditions required by the Act and had been negotiated in good faith. The objections from the individual employees were dismissed as the Commission found that the agreement was fair and reasonable, and that the procedural steps taken to negotiate and finalise the agreement were appropriate. Consequently, the Fair Work Commission approved the Traffic Logistics Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission's decision concluded that the enterprise agreement was valid and should be approved. The individual employees' objections were dismissed, and the agreement was found to be fair and reasonable. The Commission's approval of the agreement was based on its determination that it met all the legal requirements and had been negotiated appropriately.

Traffic Logistics 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