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

[2013] FWCA 9639

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
(AG2013/10285)

TRANSFIELD SERVICES LIMITED (ECRL MAINTENANCE SERVICES - NSW) ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 DECEMBER 2013

Application for approval of the Transfield Services Limited (ECRL Maintenance Services - NSW) Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Limited (ECRL Maintenance Services - NSW) Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Services (Australia) Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 5 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited, trading as Transfield Services, applied to the Fair Work Commission for approval of the Transfield Services Limited (ECRL Maintenance Services - NSW) Enterprise Agreement 2013 - 2015. The application was brought before the Commission as it was required to approve the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements and if it was fair and reasonable.

The legal issues the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act, including that it was not contrary to public policy and was genuinely an enterprise agreement. The Commission also needed to consider whether the agreement was in the interests of the employees and if it provided for the fair treatment of employees.

The Fair Work Commission found that the agreement was not contrary to public policy and was genuinely an enterprise agreement. The Commission also determined that the agreement was in the interests of the employees and provided for their fair treatment. The Commission approved the agreement as it was satisfied that the agreement was fair and reasonable and met all the legal requirements. The Commission also found that the agreement provided for the fair treatment of employees and was in their best interests.

The Fair Work Commission approved the Transfield Services Limited (ECRL Maintenance Services - NSW) Enterprise Agreement 2013 - 2015, finding it to be fair and reasonable and in the interests of the employees. The Commission found that the agreement met all the legal requirements and was not contrary to public policy. The Commission's approval of the agreement ensures that the employees will receive fair and reasonable terms and conditions of employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established