Transfield Services (Australia) Pty Limited T/A Transfield Services

[2013] FWCA 8667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services (Australia) Pty Limited T/A Transfield Services
(AG2013/9829)

TRANSFIELD SERVICES LIMITED (FACILITIES MAINTENANCE & MISCELLANEOUS REPAIR WORK) ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 NOVEMBER 2013

Application for approval of the Transfield Services Limited (Facilities Maintenance & Miscellaneous Repair Work) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Transfield Services Limited (Facilities Maintenance & Miscellaneous Repair Work) Enterprise Agreement 2013-2017 (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 Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited T/A Transfield Services sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission, where the legal dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary concern was whether the agreement had been fairly made, with particular attention paid to the procedural fairness and the representation of the employees.

The key legal issues involved in this case were whether the agreement was genuinely made by the parties without coercion, whether it was made in good faith, and whether it was fair and reasonable in the circumstances. The Commission also had to consider whether the agreement provided for fair terms and conditions, including pay, hours of work, leave, and other matters. A significant point of contention was the process through which the agreement was negotiated and whether it allowed for adequate employee representation.

The Fair Work Commission found that the agreement had not been made fairly, primarily due to issues with the negotiation process and the representation of the employees. The Commission noted that there were procedural deficiencies in how the agreement was negotiated, which undermined the fairness of the process. Additionally, the Commission was not satisfied that the agreement provided for fair terms and conditions, particularly in relation to the remuneration and conditions of the employees. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Transfield Services Limited (Facilities Maintenance & Miscellaneous Repair Work) Enterprise Agreement 2013-2017 be dismissed. This decision was based on the findings that the agreement had not been fairly made and did not provide for fair terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established