Transfield Services (Australia) Pty Ltd

[2013] FWCA 10079

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2013/10324)

TRANSFIELD SERVICES LIMITED (CONTROLLERS-NSW) ENTERPRISE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Transfield Services Limited (Controllers-NSW) Enterprise Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Transfield Services Limited (Controllers-NSW) Enterprise Agreement 2014 - 2015 (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 Limited (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2015.

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 Limited (Controllers-NSW) Enterprise Agreement 2014-2015. The application was opposed by the Transport Workers Union of Australia, which raised concerns about the agreement's terms and conditions, including those relating to employment conditions, remuneration, and dispute resolution. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission considered whether the agreement had been made in accordance with the relevant provisions of the Act and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission examined whether the agreement had been fairly negotiated and whether it contained adequate provisions for dispute resolution. The Commission also assessed whether the agreement was likely to promote improved productivity, efficiency, and profitability in the workplace.

In its decision, the Commission found that the agreement had been fairly negotiated and contained the necessary minimum terms and conditions. The Commission also determined that the agreement was likely to promote improved productivity, efficiency, and profitability in the workplace. Consequently, the Commission approved the agreement, finding that it met the statutory requirements for approval under the Act. The Transport Workers Union of Australia's objections were dismissed, and the application for approval of the enterprise agreement was successful.

The Commission ordered that the Transfield Services Limited (Controllers-NSW) Enterprise Agreement 2014-2015 be approved and registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2014 until 30 June 2015, and it was to be applied in accordance with the terms and conditions set out in the agreement. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties involved in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established