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

[2014] FWCA 5084

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
(AG2014/1420)

TRANSFIELD SERVICES LIMITED (ROADS MAINTENANCE & MISCELLANEOUS SERVICES - QML QUEENSLAND) ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 JULY 2014

Application for approval of the Transfield Services Limited (Roads Maintenance & Miscellaneous Services - QML Queensland) Enterprise Agreement 2014-2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 June 2014 by Transfield Services (Australia) Pty Limited T/A Transfield Services for the approval of a single-enterprise agreement known as the Transfield Services Limited (Roads Maintenance & Miscellaneous Services - QML Queensland) Enterprise Agreement 2014-2017(“the Agreement”).

[2] The Agreement was subject at the outset to objection by the Construction, Forestry, Mining and Energy Union, but that organisation of employees did not respond to opportunities to press its concerns.

[3] On 24 July 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[4] In light of the Employer’s undertaking, 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transfield Services (Australia) Pty Limited, trading as Transfield Services, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Transfield Services Limited (Roads Maintenance & Miscellaneous Services - QML Queensland) Enterprise Agreement 2014-2017. The dispute centred around the terms of the agreement, which the Commission was required to assess for compliance with the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. This included ensuring that the agreement had been fairly negotiated, that the necessary good faith bargaining had taken place, and that the terms and conditions were fair and reasonable. Additionally, the Commission needed to determine whether the agreement met the criteria for being made a registered agreement.

The Commission found that the agreement had been fairly negotiated and that good faith bargaining had occurred. The terms of the agreement were deemed to be fair and reasonable, taking into account the economic circumstances and the needs of the employees and employers. The Commission also determined that the agreement met the criteria for registration under the Fair Work Act. Consequently, the Commission approved the Transfield Services Limited (Roads Maintenance & Miscellaneous Services - QML Queensland) Enterprise Agreement 2014-2017.

The final orders of the Commission included the approval and registration of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the covered employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established