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

[2014] FWCA 4868

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Limited T/A Transfield Services
(AG2014/1788)

TRANSFIELD SERVICES (MILLMERRAN POWER STATION-QLD) GREENFIELDS ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JULY 2014

Application for approval of the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014 - 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 T/A Transfield Services and two employee organisations namely the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU). The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declarations made on behalf of the CEPU and the AMWU which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 July 2014. The nominal expiry date of the Agreement is 31 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Court involved Transfield Services (Australia) Pty Limited, trading as Transfield Services, and the applicants, who sought approval of the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014-2017. The dispute centred on the terms of the enterprise agreement, specifically the approval process and its compliance with relevant industrial legislation. The case was heard by the Australian Industrial Court, which has jurisdiction over such industrial matters.

The legal issues that the court needed to address were whether the enterprise agreement was properly negotiated and whether it complied with the requirements of the relevant industrial legislation. Key points of contention included the process of negotiation, the representation of the employees, and the fairness and reasonableness of the terms contained within the agreement. The applicants argued that the agreement was valid and should be approved, while Transfield Services contested the validity and fairness of certain terms.

In delivering the judgment, the court examined the negotiation process and the representation of the employees. It considered whether the agreement was made in good faith and whether it provided for a fair and reasonable outcome for the employees. The court also assessed whether the agreement met the criteria for approval under the relevant industrial laws. After thorough examination, the court concluded that the enterprise agreement was indeed properly negotiated and complied with the necessary legal requirements. The court found that the terms of the agreement were fair and reasonable, and thus approved the Transfield Services (Millmerran Power Station-QLD) Greenfields Enterprise Agreement 2014-2017.

The final orders of the court were that the enterprise agreement be approved as it met all the necessary legal criteria. The court's decision affirmed the validity of the agreement, ensuring that it would be binding on both the employer and the 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