DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Limited T/A Transfield Services Limited
(AG2015/3430)

TRANSFIELD SERVICES (VIVA ENERGY CLYDE/GORE BAY SITES-NSW) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2015

Application for approval of the Transfield Services (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as Transfield Services (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2015-2017 (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] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2015. The nominal expiry date of the Agreement is 1 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited, trading as Transfield Services Limited, applied to the Fair Work Commission for approval of the Transfield Services (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2015-2017. The application was made under section 233 of the Fair Work Act 2009, with the union representing the employees, United Voice NSW, objecting to the approval of certain provisions in the agreement. The union argued that some provisions were contrary to the public interest and did not meet the requirements for individual flexibility arrangements under the Act.

The legal issues before the Commission were whether the provisions in question were contrary to the public interest and whether they complied with the requirements for individual flexibility arrangements. The Commission had to determine whether the provisions in the agreement that the union objected to were fair and reasonable, and whether they met the statutory criteria for individual flexibility arrangements. Specifically, the Commission had to consider whether the provisions provided for a fair and reasonable outcome for employees, and whether they were necessary to achieve a fair and efficient workplace.

The Fair Work Commission found that the provisions in the agreement were not contrary to the public interest and did comply with the requirements for individual flexibility arrangements. The Commission held that the provisions provided for a fair and reasonable outcome for employees, and were necessary to achieve a fair and efficient workplace. The Commission found that the provisions were consistent with the principles of enterprise bargaining under the Fair Work Act and did not undermine the rights of employees. The Commission approved the agreement subject to the modifications it made to certain provisions.

The Fair Work Commission approved the Transfield Services (Viva Energy Clyde/Gore Bay Sites-NSW) Enterprise Agreement 2015-2017, subject to modifications to certain provisions. The union's objections to the approval of the agreement were dismissed. The Commission found that the provisions in the agreement were not contrary to the public interest and complied with the requirements for individual flexibility arrangements. The Commission held that the provisions provided for a fair and reasonable outcome for employees and were necessary to achieve a fair and efficient workplace.

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