Transfield Services (Australia) Pty Ltd Summary

[2014] FWCA 7868

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7971)

TRANSFIELD SERVICES DEFENCE STORES SYDNEY AND CENTRAL/NORTHERN NSW AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the Transfield Services Defence Stores Sydney and Central/Northern NSW Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Defence Stores Sydney and Central/Northern NSW 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

The case of Transfield Services (Australia) Pty Ltd involved an application for approval of a new enterprise agreement between Transfield Services (the applicant) and its employees, specifically those who are part of the Defence Stores Sydney and Central/Northern NSW Agreement 2014. The application was heard in the Fair Work Commission. The central dispute focused on whether the proposed agreement, which included a range of terms and conditions, met the necessary legal standards for fair and effective workplace regulation.

The legal issues before the Commission revolved around the compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement facilitated genuine bargaining, ensured fair terms and conditions, and aligned with the broader objectives of the Fair Work Act. This included assessing whether the agreement adequately covered essential matters, provided for proper dispute resolution mechanisms, and was free from any unfair or discriminatory provisions.

In rendering its decision, the Commission examined the bargaining process and the content of the proposed agreement in detail. It found that the agreement had been reached through a process of genuine bargaining and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement met the statutory requirements, including its alignment with the overarching principles of the Fair Work Act. Consequently, the application was approved, and the new enterprise agreement was registered.

The Fair Work Commission ordered that the Transfield Services Defence Stores Sydney and Central/Northern NSW Agreement 2014 be approved and registered, effective from the date of the decision. The agreement was to govern the terms and conditions of employment for the relevant employees, and it was to be applied in accordance with the provisions set out in the approved agreement.

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