RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

National Union of Workers
v
Transfield Services Ltd
(C2015/2217)

Transfield Services Garrison Services S.A. (Transport, Stores, Range Operation & Grounds Maintenance) Certified Agreement 2014

[AG2014/10706]

Miscellaneous
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2015

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] This matter was the subject of conciliation conference at the Fair Work Commission (the Commission) on 10 April 2015. Clause 12 of the Agreement provides that the wage rates in the table “...provide for all conditions of employment and allowances for varying workplace conditions and annual leave loading.” There is a dispute about whether or not the provisions of the Agreement permit Transfield to cease the practice of paying additional annual leave loading to employees.

[2] The Commission recommends that the parties consider the following proposal as a resolution to the dispute:

That Transfield continue to pay additional annual leave loading to employees who take leave prior to 1 September 2016. In respect to any leave taken after 1 September 2016 the rates paid for periods of leave will be those specified in the Agreement, that is there will be no additional annual leave loading payments made during periods of leave.

If both parties agree to the Recommendation that resolves the dispute.

If either party does not accept the Recommendation then the Commission is of the view that conciliation is exhausted and the matter will be determined by arbitration.

[3] The parties are to notify each other and the Commission whether or not they accept the Recommendation by Monday, 20 April 2015.

COMMISSIONER

Appearances:

Alex Snowball and Eric Johnson appeared for the National Union of Workers.

Nick Koletsis and Ms Pippin Rice appeared for Transfield Services Pty Ltd.

Hearing details:

2015:

Melbourne

10 April.

CaseChat Overview and Summary

The case of National Union of Workers versus Transfield Services Ltd arose before the Fair Work Commission (FWC) and involved a dispute regarding matters that allegedly fell under the enterprise agreement and the National Employment Standards (NES). The union, representing employees of Transfield Services, claimed that the company had breached the terms of the enterprise agreement and failed to comply with the NES.

The legal issues before the FWC encompassed the interpretation and application of the enterprise agreement between the union and the employer, alongside the NES. Specifically, the union contended that the employer had contravened certain provisions of the agreement and failed to adhere to the NES in various respects, including terms related to leave, penalty rates, and other employment conditions.

The FWC undertook a detailed examination of the evidence and arguments presented by both parties. The commission found that while some of the union's claims were substantiated, others did not meet the necessary threshold for relief. The FWC determined that the employer had indeed contravened certain provisions of the enterprise agreement and the NES, resulting in an order for the employer to take specific remedial actions and compensate affected employees. This included rectifying the identified breaches and providing appropriate remuneration and entitlements as per the NES.

National Union of Workers v Transfield Services Ltd

RECOMMENDATION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established