Transfield Services (Australia) Pty Limited

[2014] FWCA 2083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Limited
(AG2014/305)

TRANSFIELD SERVICES LIMITED (CATCHMENT AUTHORITY MAINTENANCE SERVICES - NSW) ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 28 MARCH 2014

Application for approval of the Transfield Services Limited (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Limited (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Transfield Services (Australia) Pty Limited, the Fair Work Commission was asked to approve the Transfield Services Limited (Catchment Authority Maintenance Services - NSW) Enterprise Agreement 2014-2017. The parties involved were Transfield Services Limited, the employer, and the Electrical Trades Union of Australia, the representative for the employees. The dispute centred around the terms and conditions of employment for the employees in the NSW catchment authority maintenance services division of Transfield Services Limited over the specified period.

The key legal issues the commission had to resolve involved ensuring that the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including fairness, the 'better off overall test', and the procedural fairness requirements. The commission had to examine whether the agreement met the legislative standards and whether it was fair and reasonable for the employees. It also had to consider whether the agreement was appropriately negotiated and whether it provided a sufficient basis for the employees to be 'better off overall' than under the applicable award.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, and it met the legislative standards. The commission concluded that the agreement was appropriately negotiated, and the employees were indeed better off overall than under the applicable award. The commission also determined that the procedural fairness requirements were satisfied. Consequently, the commission approved the enterprise agreement, acknowledging its compliance with all necessary legislative provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established