Transfield Services (Australia) Pty Ltd

[2014] FWCA 5312

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2014/6044)

TRANSFIELD SERVICES LIMITED (MAINTENANCE WORK - SURFACE MINING SITES & ASSOCIATED FACILITIES - QLD) ENTERPRISE AGREEMENT 2014 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 AUGUST 2014

Application for approval of the Transfield Services Limited (Maintenance Work Surface Mining Sites & Associated Facilities - Qld) Enterprise Agreement 2014 - 2016.

[1] Transfield Services (Australia) Pty Ltd applies for approval of an enterprise agreement known as the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities - Qld) Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Transfield Services (Australia) Pty Ltd applied for the approval of the Transfield Services Limited (Maintenance Work Surface Mining Sites & Associated Facilities - Qld) Enterprise Agreement 2014 - 2016. The applicant, Transfield Services, sought to have the agreement approved under section 233 of the Fair Work Act 2009. The application was made on the basis that the agreement met the "better off overall test" and was in compliance with the relevant provisions of the Act.

The legal issues before the Commission involved whether the agreement was a "single, integrated, and indivisible document" and whether it met the requirements of the "better off overall test" as mandated by the Fair Work Act. Additionally, the Commission needed to determine if the agreement was appropriately negotiated and if it complied with the provisions concerning the protection of employees' rights and interests.

The Fair Work Commission determined that the agreement was indeed a single, integrated, and indivisible document. The Commission found that the agreement met the "better off overall test," as it provided employees with benefits that outweighed any potential disadvantages. The Commission also concluded that the agreement had been appropriately negotiated and was in compliance with the relevant provisions of the Fair Work Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the Transfield Services Limited (Maintenance Work Surface Mining Sites & Associated Facilities - Qld) Enterprise Agreement 2014 - 2016, finding it to be compliant with the Fair Work Act and meeting the "better off overall test." The Commission's decision was based on the comprehensive evaluation of the agreement, its negotiation process, and its alignment with the statutory requirements. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Transfield Services and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established