Transfield Services (Australia) Pty Ltd Summary

[2014] FWCA 6907

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/7568)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD AND AUSTRALIAN MANUFACTURING WORKERS UNION (VEHICLE DIVISION) ENTERPRISE AGREEMENT 2014 (WORKSHOPS)

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2014

Application for approval of the Transfield Services (Australia) Pty Ltd and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops).

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops) (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 Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“(a) For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and public holidays.

(b) Where an employee with 12 months’ continuous service is engaged for part of the 12 month period as a seven day shiftworker, the employee must have their annual leave increased by half a day for each month the employee is continuously engaged as a seven day shiftworker.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2014. The nominal expiry date of the Agreement is 31 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Transfield Services (Australia) Pty Ltd and the Australian Manufacturing Workers Union (Vehicle Division). The primary dispute concerns the application for the approval of the Enterprise Agreement 2014 (Workshops). The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues at the core of this case revolve around whether the enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the FWC needed to assess if the agreement satisfied the minimum requirements for the "better off overall test" (BOOT) and whether it contained any unlawful content. The BOOT requires that the conditions of employment under the agreement must not be less favourable than the applicable award or safety net awards, overall, to all employees covered by the agreement.

In its decision, the FWC meticulously reviewed the enterprise agreement against the statutory criteria. The FWC found that the agreement complied with the BOOT, as the overall terms and conditions were not less favourable than the applicable safety net awards. Additionally, the FWC confirmed that the agreement contained no unlawful provisions, as it adhered to all relevant legal standards. Consequently, the FWC approved the application for the agreement.

The FWC's approval of the Transfield Services (Australia) Pty Ltd and Australian Manufacturing Workers Union (Vehicle Division) Enterprise Agreement 2014 (Workshops) marks the final outcome of this case. The agreement is now legally binding on the parties involved, ensuring that it complies with the minimum employment standards set out in the Fair Work Act.

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