DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/10358)

TRANSFIELD SERVICES LIMITED (BOTANY INDUSTRIAL PARK & OTHER SITES-NSW) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 29 JANUARY 2015

Application for approval of the Transfield Services Limited (Botany Industrial Park & Other Sites-NSW) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Transfield Services Limited (Botany Industrial Park & Other Sites-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 “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the 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 27 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Transfield Services Limited (Botany Industrial Park & Other Sites-NSW) Enterprise Agreement 2015-2017. The application was brought by the employer seeking to finalise the terms of the enterprise agreement between the employer and its employees. The Fair Work Commission heard the matter and was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for a safety net of minimum wages and conditions, as mandated by the Fair Work Act. The Commission examined the agreement's provisions to ensure they did not under-provide employees in comparison to the relevant award. Additionally, the Commission assessed whether the agreement was made in good faith and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement did provide for a safety net of minimum wages and conditions, as required by the Fair Work Act. The Commission was satisfied that the agreement did not under-provide employees in relation to the relevant award. Furthermore, the Commission determined that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Transfield Services Limited (Botany Industrial Park & Other Sites-NSW) Enterprise Agreement 2015-2017. The decision was made on the basis that the agreement provided for a safety net of minimum wages and conditions, was made in good faith, and contained appropriate dispute resolution mechanisms. The approval of the agreement means that it will now form the basis of the employment terms between the employer and its employees covered by the agreement.

Transfield Services (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established