Transfield Services (Australia) Pty Ltd Summary

[2014] FWCA 7867

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7970)

TRANSFIELD SERVICES DEFENCE STORES SOUTHERN QUEENSLAND AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the Transfield Services Defence Stores Southern Queensland Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Defence Stores Southern Queensland Agreement 2014 (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 greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2014. The nominal expiry date of the Agreement is 31 October 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 Defence Stores Southern Queensland Agreement 2014. The applicants sought to have the agreement registered with the Fair Work Commission, which would give it the force of a legally binding contract between the employer and its employees. The dispute arose from the negotiation and approval of an enterprise agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith and if it contained the minimum terms and conditions as required by the Act. The Commission also needed to assess whether the agreement had been fairly negotiated and if the process for its negotiation was fair.

The Fair Work Commission found that the agreement was made in good faith and contained the minimum terms and conditions required by the Fair Work Act 2009. The Commission also found that the agreement had been fairly negotiated and that the process for its negotiation was fair. The Commission approved the agreement and registered it as a registered agreement under the Act. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that it met the requirements for registration under the Act. The Commission also noted that the agreement provided for a number of benefits for the employees, including wage increases and improved working conditions.

The Fair Work Commission approved the Transfield Services Defence Stores Southern Queensland Agreement 2014 and registered it as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement was made in good faith, contained the minimum terms and conditions required by the Act, and had been fairly negotiated. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees. The registration of the agreement means that it has the force of a legally binding contract between the employer and its employees.

Transfield Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established