Transfield Services (Australia) Pty Limited Summary

[2013] FWCA 1603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Limited
(AG2013/443)

TRANSFIELD SERVICES (AUSTRALIA) PTY LIMITED WESTERN AUSTRALIA RANGE OPERATIONS ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER WILLIAMS	PERTH, 15 MARCH 2013

Application for approval of the Transfield Services (Australia) Pty Limited Western Australia Range Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Limited Western Australia Range Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Services (Australia) Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2013. The nominal expiry date of the Agreement is 22 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited sought approval for the Transfield Services (Australia) Pty Limited Western Australia Range Operations Enterprise Agreement 2013 from the Fair Work Commission. The application arose from the need to formalise the terms of employment for workers within the company's Western Australian operations. The legal issues before the court centred on whether the agreement met the necessary legal standards and whether it was fair and reasonable for the employees it covered.

The court needed to determine if the agreement complied with the Fair Work Act 2009, particularly whether it contained the minimum entitlements required by the Act. Furthermore, the court had to assess whether the agreement was made in good faith and if it provided for the proper classification of employees. It also needed to consider if the agreement was genuinely negotiated and whether it was consistent with the broader principles of industrial relations law in Australia.

The Fair Work Commission found that the agreement met all the statutory requirements and was fair and reasonable for the employees involved. The commission concluded that the agreement contained all the mandated minimum entitlements and was negotiated in good faith. The terms of the agreement were also found to be consistent with the broader principles of the Fair Work Act 2009. The commission approved the agreement, ensuring that it would now form the basis of employment terms for the specified workforce.

Transfield Services (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established