Transfield Services (Australia) Pty Limited Summary

[2014] FWCA 3790

The attached document replaces the document previously issued with the above code on 6 June 2014.

The date “5 May 2014” in paragraph two [2] has been amended to read “5 June 2014”.

Rachel Wong

Associate to Commissioner Roberts

Dated 6 June 2014

[2014] FWCA 3790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Limited
(AG2014/1179)

TRANSFIELD SERVICES LIMITED (MAINTENANCE WORK - BARL) ENTERPRISE AGREEMENT 2014-2016

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 6 JUNE 2014

Application for approval of the Transfield Services Limited (Maintenance Work - BARL) Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Limited (Maintenance Work - BARL) Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transfield Services (Australia) Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 5 June 2014 an undertaking was provided by Mr J Lee, the Company’s Executive Manager Industrial Relations, in relation to clause 21.5 (Cashing Out of Annual Leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE408502 PR551556>
Annexure A

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited applied to the Fair Work Commission for approval of the Transfield Services Limited (Maintenance Work - BARL) Enterprise Agreement 2014 - 2016. The application was made under the Fair Work Act 2009, specifically section 235, which allows for the approval of enterprise agreements that have been made without the involvement of the commission. The application was opposed by the Transport Workers Union of Australia, which represented a number of employees affected by the agreement.

The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for the minimum terms and conditions of employment and whether it had been made in accordance with the relevant provisions of the Act. The union argued that the agreement did not provide for adequate terms and conditions for employees and that it had not been made in accordance with the Act. Transfield Services (Australia) Pty Limited argued that the agreement was fair and reasonable and met all the requirements of the Act.

The commission found that the agreement met the requirements of the Fair Work Act and was fair and reasonable. The commission noted that the agreement provided for a number of benefits for employees, including pay rates, leave entitlements, and conditions of work. The commission also found that the agreement had been made in accordance with the Act and that the union's opposition was not well founded. The commission approved the agreement under section 235 of the Act.

The final orders of the commission were that the Transfield Services Limited (Maintenance Work - BARL) Enterprise Agreement 2014 - 2016 be approved as a registered agreement under section 179 of the Fair Work Act. The agreement was to be registered on the register of approved agreements maintained by the commission. The union's application for an extension of time to appeal the decision was refused.

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