Transfield Services (Australia) Pty Ltd

Case [2015] FWCA 1489


[2015] FWCA 1489
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2015/1961)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD PILBARA REGION ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 4 MARCH 2015

Application for approval of the Transfield Services (Australia) Pty Ltd Pilbara Region Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd Pilbara Region Enterprise Agreement 2015 (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 agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 4 March 2015 and, in accordance with s.54, will operate from 11 March 2015. The nominal expiry date of the Agreement is 4 March 2019.

DEPUTY PRESIDENT

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Details
AGLC
Transfield Services (Australia) Pty Ltd [2015] FWCA 1489
Case
[2015] FWCA 1489
Decision Date

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Transfield Services (Australia) Pty Ltd Pilbara Region Enterprise Agreement 2015. The dispute was about whether the agreement complied with the Fair Work Act 2009. The Commission was required to determine if the agreement met the requirements of the Act, including whether it provided for the fair and equitable treatment of employees and covered the necessary minimum terms and conditions.

The Commission examined the terms of the agreement, focusing on whether it provided for fair and equitable treatment of employees and covered the necessary minimum terms and conditions. The Commission also considered whether the agreement complied with the provisions of the Act regarding the protection of employees' rights and the avoidance of exploitation. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement met the requirements of the Act.

The Fair Work Commission approved the Transfield Services (Australia) Pty Ltd Pilbara Region Enterprise Agreement 2015. The Commission found that the agreement provided for the fair and equitable treatment of employees and covered the necessary minimum terms and conditions. The Commission also found that the agreement complied with the provisions of the Act regarding the protection of employees' rights and the avoidance of exploitation. The Commission approved the agreement, subject to certain modifications to address minor technical issues.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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