Transfield Services (Australia) Pty Ltd

[2014] FWCA 6871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2014/7547)

TRANSFIELD/AWU EASTLINK MAINTENANCE SERVICES (CIVIL/LANDSCAPE) WORKPLACE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Transfield/AWU EastLink Maintenance Services (Civil/Landscape) Workplace Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Transfield/AWU EastLink Maintenance Services (Civil/Landscape) Workplace Agreement 2013-2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 September 2014 and, in accordance with s.54, will operate from 7 October 2014. The nominal expiry date of the Agreement is 15 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Transfield Services (Australia) Pty Ltd, the applicant sought approval for the Transfield/AWU EastLink Maintenance Services (Civil/Landscape) Workplace Agreement 2013-2016. The Australian Workers' Union (AWU) opposed the approval, citing concerns about the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was the court responsible for hearing the application.

The central legal issue before the Commission was whether the Workplace Agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether the agreement was made in good faith, provided for a genuine negotiation process, and was fair and reasonable. The AWU argued that the agreement did not meet these criteria due to procedural irregularities and a lack of genuine negotiation. The applicant, on the other hand, contended that the agreement was fair and reasonable and had been made in good faith.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and the context in which it was made. The Commission found that while there were some procedural issues, these did not undermine the overall fairness and reasonableness of the agreement. The Commission concluded that the agreement was made in good faith and provided for a genuine negotiation process, despite the identified irregularities. Consequently, the Commission approved the Workplace Agreement.

The Fair Work Commission approved the Transfield/AWU EastLink Maintenance Services (Civil/Landscape) Workplace Agreement 2013-2016, dismissing the AWU's objections. The Commission's decision highlighted the importance of good faith and genuine negotiation in the formation of workplace agreements, while also recognising the need for flexibility in applying the legal standards in practice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established