DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trafficca Pty Ltd
(AG2016/5478)

TRAFFICCA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Trafficca Pty Ltd Employee Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Trafficca Pty Ltd Employee Collective Agreement 2016-2017 (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. 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Trafficca Pty Ltd, the applicant sought approval of the Employee Collective Agreement 2016-2017. The dispute was brought before the Fair Work Commission, the body responsible for approving and overseeing the agreement. The central issue before the Commission was whether the agreement met the statutory requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement appropriately balanced the interests of employees and employers, adhered to the provisions of the Act, and was made in good faith.

The Commission examined the agreement's provisions, particularly those relating to minimum wages, hours of work, leave entitlements, and other employment conditions. The applicant argued that the agreement was comprehensive and fair, addressing the needs of both employees and the business. The Commission assessed the agreement against the criteria for good faith bargaining and the overall fairness of the terms. It also considered the impact of the agreement on employees' working conditions and whether it complied with the legal framework.

Upon review, the Commission found that the agreement largely met the statutory requirements, striking an appropriate balance between the parties' interests. The Commission concluded that the agreement was made in good faith and did not unfairly disadvantage any party. The Commission approved the Employee Collective Agreement 2016-2017, noting that it complied with the Act and would provide a fair framework for the employment relationship during the specified period.

The Commission's decision was final, and the agreement was approved for implementation. The parties were directed to adhere to the terms of the agreement, and any disputes arising from its interpretation or application were to be resolved through the Commission's dispute resolution processes. This decision provided clarity and certainty to both Trafficca Pty Ltd and its employees regarding their rights and obligations under the approved agreement.

Trafficca 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