Transfield Services (Australia) Pty Ltd Summary

[2014] FWCA 7865

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7969)

TRANSFIELD SERVICES DEFENCE STORES RIVERINA MURRAY VALLEY AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2014

Application for approval of the Transfield Services Defence Stores Riverina Murray Valley Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Defence Stores Riverina Murray Valley 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 Riverina Murray Valley Agreement 2014, which was intended to cover employees working in the Defence Stores Riverina Murray Valley area. The application was made under section 232 of the Fair Work Act 2009, which requires the Commission to approve an agreement if it is satisfied that the agreement meets certain criteria, including that it provides for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission also considered whether the agreement provided for appropriate mechanisms for resolving disputes between the parties, and whether it was consistent with the public interest.

After reviewing the evidence and submissions from the parties, the Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Act and the Regulations. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes between the parties, and that it was consistent with the public interest. The Commission approved the agreement, and it came into effect on 1 July 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