Trafficca Pty Ltd (ACN 133 958 479) Summary

[2013] FWCA 4125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trafficca Pty Ltd (ACN 133 958 479)
(AG2013/6429)

TRAFFICCA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 25 JUNE 2013

Application for approval of the Trafficca Pty Ltd Employee Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Trafficca Pty Ltd Employee Collective Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trafficca Pty Ltd (ACN 133 958 479). 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, 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 25 June 2013 and, in accordance with s.54, will operate from 2 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE402012 PR538221>
ANNEXURE A

Trafficca Pty Ltd (ACN 133 958 479) applied to the Fair Work Commission for approval of the Trafficca Pty Ltd Employee Collective Agreement 2013-2015. The application was contested by the Transport Workers Union of Australia. The dispute centred on whether the agreement contained provisions that were contrary to the provisions of the Fair Work Act 2009 (Cth) regarding the imposition of unfavourable conditions on employees. The Fair Work Commission was tasked with determining whether the provisions of the proposed agreement were consistent with the statutory framework and whether they could be approved as they stood or required modification.

The central legal issues before the Commission were whether certain provisions in the collective agreement were compliant with the Fair Work Act and if any were contrary to public policy or contravened the principles of procedural fairness. Specifically, the Commission examined the provisions relating to the terms of employment, including the imposition of shift work arrangements, the use of contractors, and the implications for employee entitlements. The Transport Workers Union of Australia argued that several clauses in the agreement imposed unfavourable terms that were not justified under the Act, while Trafficca Pty Ltd contended that the clauses were necessary to maintain operational efficiency and were not inconsistent with the statutory requirements.

The Fair Work Commission found that while the majority of the agreement was in compliance with the Fair Work Act, certain provisions needed to be modified to ensure they did not impose unfavourable conditions on employees. The Commission held that some of the clauses concerning shift work and contractor usage contained terms that were not adequately justified and thus contravened the statutory protections provided under the Act. Consequently, the Commission directed the parties to amend these provisions to ensure they aligned with the legislative framework and the principles of procedural fairness. The amended agreement was then approved by the Commission, reflecting a balanced approach that considered both the operational needs of Trafficca Pty Ltd and the rights of the employees as protected under the Fair Work Act.

The final orders of the Fair Work Commission required Trafficca Pty Ltd to amend the contested provisions of the Employee Collective Agreement 2013-2015 to remove any clauses that imposed unfavourable terms on employees. The amended agreement was then approved by the Commission, ensuring that it met all statutory requirements and did not contravene the principles of procedural fairness or public policy. The decision underscores the importance of ensuring that collective agreements are carefully scrutinised to protect employee rights while also allowing for reasonable operational flexibility.

Trafficca Pty Ltd (ACN 133 958 479)

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established