DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traffica Road Services Pty Ltd T/A Traffica Road Services
(AG2018/5720)

TRAFFICCA ROAD SERVICES ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MAY 2019

Application for approval of the Trafficca Road Services Enterprise Agreement 2018- 2021.

[1] An application has been made for approval of an enterprise agreement known as the Trafficca Road Services Enterprise Agreement 2018- 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traffica Road Services Pty Ltd T/A Traffica Road Services. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2019. The nominal expiry date of the Agreement is 27 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Traffica Road Services Pty Ltd, trading as Traffica Road Services, sought approval of the Trafficca Road Services Enterprise Agreement 2018-2021 in the Fair Work Commission. The agreement in question was intended to cover a range of employees, including drivers and support staff, within the company’s operations. The application for approval was contested by the Transport Workers Union, which raised concerns regarding the fairness and suitability of the agreement for the employees it covered. The central issues before the Commission involved whether the agreement met the legal requirements for being deemed “bargained for” and “free from interference, compulsion and bias” under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement had been genuinely negotiated between the employer and the union, and if it contained all the necessary minimum terms and conditions required by the Fair Work Act. The Commission also had to determine whether the agreement was free from any undue influence or coercion that might undermine its legitimacy. The evidence presented by both parties included testimonies, documents related to the bargaining process, and submissions on the fairness of the agreement's terms. The Transport Workers Union argued that the agreement did not adequately represent the employees' interests and that it contained terms that were not properly negotiated.

In its decision, the Commission examined the process through which the agreement was developed and concluded that the agreement was genuinely negotiated between the parties. The Commission found that the union had been adequately involved in the bargaining process and that the terms of the agreement were fair and reasonable. The Commission also found that there was no evidence of interference, compulsion, or bias in the negotiation process. Consequently, the Commission approved the Trafficca Road Services Enterprise Agreement 2018-2021, confirming that it met the statutory requirements and was suitable for endorsement. The decision highlighted the importance of ensuring that enterprise agreements are negotiated fairly and comprehensively cover the rights and obligations of both employers and employees.

Traffica Road Services Pty Ltd T/A Traffica Road Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established