Trafficca Road Services (Vic) Pty Ltd

[2024] FWCA 4484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trafficca Road Services (Vic) Pty Ltd

(AG2024/4722)

TRAFFICCA ROAD SERVICES (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2024

Application for approval of the TRAFFICCA ROAD SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TRAFFICCA ROAD SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trafficca Road Services (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

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 Construction, Forestry and Maritime Employees 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Trafficca Road Services (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027. The dispute arose due to an application for the approval of the enterprise agreement. The case was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The Fair Work Commission's role was to determine whether the agreement met the legal requirements for approval and if it provided for the fair and reasonable terms of employment for the workers covered by the agreement.

The legal issues the court had to decide included whether the enterprise agreement complied with the legislative framework, specifically the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also needed to consider if the agreement provided for the fair and reasonable terms and conditions of employment for the workers, and if it was made in good faith and without coercion. Furthermore, the court examined if the agreement provided for the proper balance between the rights of employers and employees, and if it addressed the specific needs and circumstances of the industry and workforce involved.

In its decision, the Fair Work Commission thoroughly reviewed the provisions of the enterprise agreement and assessed its compliance with the relevant legislation. The Commission found that the agreement met the legal requirements for approval and provided for fair and reasonable terms of employment. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it balanced the rights of employers and employees appropriately. The Commission also noted that the agreement addressed the specific needs and circumstances of the industry and workforce involved. Based on these findings, the Fair Work Commission approved the enterprise agreement.

As a result of the court's decision, the Trafficca Road Services (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 was approved and became legally binding for the workers covered by the agreement. The approval of the enterprise agreement ensures that the terms and conditions of employment for the workers are fair and reasonable, and that it complies with the legal requirements set out in the Fair Work Act 2009 and the Fair Work Regulations 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established