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

[2014] FWCA 94

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
(AG2013/10429)

TRANSFIELD SERVICES LIMITED (OPERATIONS & MAINTENANCE SERVICES - LCT/M2) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 JANUARY 2014

Application for approval of the Transfield Services Limited (Operations & Maintenance Services - LCT/M2) Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Limited (Operations & Maintenance Services - LCT/M2) Enterprise Agreement 2013 - 2016 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 January 2014. The nominal expiry date of the Agreement is30 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited applied for the approval of the Transfield Services Limited (Operations & Maintenance Services - LCT/M2) Enterprise Agreement 2013 - 2016. The application was heard by the Fair Work Commission. The application related to an enterprise agreement between the company and its employees in the operations and maintenance services sector. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue the commission had to resolve was whether the enterprise agreement adequately addressed the matters required by section 229 of the Fair Work Act. This included assessing whether the agreement had been made in good faith and whether it included the necessary provisions concerning minimum entitlements, bargaining units, and other mandatory elements. Additionally, the commission needed to determine if the agreement provided for a fair and effective dispute resolution process.

The Fair Work Commission found that the enterprise agreement was consistent with the requirements of the Fair Work Act. The agreement was made in good faith and contained all necessary provisions regarding minimum entitlements and bargaining units. The commission also confirmed that the agreement provided for a fair and effective dispute resolution process. As such, the commission approved the agreement, enabling it to come into effect as per the terms outlined. The final orders of the commission were that the enterprise agreement be approved and registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established