Transfield Services (Australia) Pty Ltd Summary

[2014] FWCA 7864

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7968)

TRANSFIELD SERVICES DEFENCE STORES NORTHERN QUEENSLAND AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd was the subject of an application for the approval of the Transfield Services Defence Stores Northern Queensland Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with assessing the agreement to ensure that it complied with the relevant legislative framework. The application was made by the company, and the agreement in question was aimed at setting out the terms and conditions of employment for its employees who were involved in the operation of defence stores in northern Queensland.

The central legal issue before the Commission was whether the terms of the agreement were fair and reasonable, and whether they complied with the statutory requirements outlined in the Fair Work Act 2009. The Commission was required to consider whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it offered employees appropriate protections and benefits. Additionally, the Commission needed to determine whether the agreement had been made in good faith and whether it offered a fair balance of rights and obligations for both employers and employees.

In reaching its decision, the Commission considered the various provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement contained terms that were fair and reasonable, and that it complied with the statutory requirements. The Commission noted that the agreement provided for appropriate protections and benefits for employees, and that it offered a fair balance of rights and obligations for both parties. The Commission also found that the agreement had been made in good faith and that it was likely to contribute to a productive and efficient workplace. Based on these findings, the Commission approved the Transfield Services Defence Stores Northern Queensland Agreement 2014.

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