Transfield Services (Australia) Pty Limited Summary

[2013] FWCA 2899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Limited
(AG2013/1099)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2013

Application for approval of the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited was the subject of an application for the approval of the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013. The Fair Work Commission was the tribunal before which the application was made, and the matter was heard by Commissioner O'Dea. The applicant, Transfield Services (Australia) Pty Limited, sought the approval of the enterprise agreement, which had been negotiated with the Australian Manufacturing Workers' Union. The application was made pursuant to section 233 of the Fair Work Act 2009, which mandates that an enterprise agreement must be approved by the Fair Work Commission before it can be registered.

The legal issues before the Commission included whether the enterprise agreement complied with the procedural requirements of the Fair Work Act, whether it contained the necessary protections for employees, and whether it was in the best interests of the employees. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not adequately protect employees' rights. The Commission had to assess whether the agreement met the statutory criteria for approval, including whether it provided for fair terms and conditions of employment and was in the best interests of the employees.

The Commission found that the enterprise agreement was procedurally valid and contained adequate protections for employees. Commissioner O'Dea held that the agreement was fair and reasonable and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits, including a 17.5% wage increase over four years, improved leave provisions, and better access to training and development opportunities. The Commission also found that the agreement provided for a fair and reasonable process for the resolution of disputes between employees and the employer. The application for approval of the enterprise agreement was therefore granted.

The final orders of the Commission included the approval of the Transfield Services (Australia) Pty Ltd Alcoa Local Services and Associated Projects Enterprise Agreement 2013, which was registered with the Fair Work Commission. The agreement was to apply to employees of Transfield Services (Australia) Pty Limited who were covered by the agreement, and it was to remain in force until 30 June 2017. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

Transfield Services (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established