DECISION

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

Transfield Services (Australia) Pty Limited T/A Transfield Services Limited
(AG2015/3030)

TRANSFIELD SERVICES LIMITED (ILLAWARRA OPERATIONS & MAINTENANCE SERVICES - NSW) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2015

Application for approval of the Transfield Services Limited (Illawarra Operations & Maintenance Services - NSW) Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Transfield Services Limited (Illawarra Operations & Maintenance Services - NSW) Enterprise Agreement 2015 - 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 Ltd (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 Australian Workers’ Union (AWU); the “Automotive, Food, Metals, Engineering, Printing & Kindred Union” known asthe Australian Manufacturing Workers Union (AMWU) and the Construction Forestry Mining and Energy Union (CFMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] 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 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Transfield Services (Australia) Pty Limited, trading as Transfield Services Limited, applied for approval of the Illawarra Operations & Maintenance Services - NSW Enterprise Agreement 2015-2017. The dispute arose over whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was in the interests of the employees it covered, while the respondent raised concerns about the agreement's provisions, particularly those related to pay rates and conditions.

The central legal issue was whether the enterprise agreement provided fair and reasonable terms and conditions for the employees, considering the statutory requirements under the Fair Work Act. The Commission had to determine if the agreement complied with the relevant provisions of the Act, including ensuring it was not less favourable than the applicable award or safety net and provided a fair and reasonable basis for determining the terms and conditions of employment. The Commission also needed to consider whether the agreement adequately addressed the needs of the employees and if it was genuinely negotiated between the employer and the employees.

The Commission examined the agreement's provisions and the submissions made by both parties. It found that the agreement generally met the statutory requirements, including providing terms and conditions that were not less favourable than the applicable award or safety net. The Commission noted that the agreement included provisions for pay rates, leave entitlements, and other working conditions that were fair and reasonable. Additionally, the Commission considered the evidence of genuine negotiations between the employer and the employees. Based on this analysis, the Commission concluded that the agreement was in the interests of the employees and approved the enterprise agreement.

The final orders of the Commission included the approval of the Transfield Services Limited (Illawarra Operations & Maintenance Services - NSW) Enterprise Agreement 2015-2017, effective from 1st June 2015, and the agreement was to remain in force until 31st May 2017. The Commission also directed that the agreement be published on the Fair Work Ombudsman's website and that it be lodged with the employer and the relevant union.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established