[2021] FWC 1287 [Note: An appeal pursuant to s.604 (C2021/1467) was lodged against this decision- refer to Full Bench decision dated 16 July 2021 [[2021] FWCFB 4197] for the result of the appeal.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D&D Traffic Management P/L
(AG2020/3491)

Traffic Management
DEPUTY PRESIDENT CROSS	SYDNEY, 10 MARCH 2021

Application for approval of the D & D Traffic Management & Other Work - Enterprise Agreement 2020.

[1] In D&D Traffic Management Pty Ltd [2021] FWC 1017, I found that I was not satisfied that the D&D Traffic Management & Other Work Enterprise Agreement 2020 (the Agreement), as amended by the existing undertakings being proffered by the Applicant, would result in the employees being better off overall than if the Building and Construction General On-Site Award 2010 applied to the employees.

[2] I invited the Applicant to provide an undertaking, in the form of Undertaking 5 identified in Re: Altus Traffic (NSW & Act) Enterprise Agreement 2019 [2019] FWCA 5941, to resolve my concern about employees not being better off overall.

[3] The Applicant declined to provide the additional undertaking sought. In the circumstances, I am not satisfied that the Agreement would result in the employees covered by the Agreement being better off overall. Accordingly the Application is dismissed.

DEPUTY PRESIDENT

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