Transfield Services Australia Pty Ltd

[2013] FWCA 9238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services Australia Pty Ltd
(AG2013/10116)

TRANSFIELD/AWU CITY LINK MAINTENANCE SERVICES (CIVIL) ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Transfield/AWU City Link Maintenance Services (Civil) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Transfield/AWU City Link Maintenance Services (Civil) Enterprise 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] 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 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.

[4] The Agreement was approved on 22 November 2013 and, in accordance with s.54, will operate from 29 November 2013. The nominal expiry date of the Agreement is 31 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services Australia Pty Ltd was the subject of an application for the approval of the Transfield/AWU City Link Maintenance Services (Civil) Enterprise Agreement 2013-2016. The Australian Workers’ Union (AWU) applied for the Fair Work Commission's approval of the enterprise agreement, which outlined terms and conditions of employment for its members engaged in the maintenance of the City Link project. Transfield opposed the application, arguing the agreement did not meet the requirements under the Fair Work Act 2009 for proper bargaining and fair terms. The matter was heard by the Fair Work Commission, presided over by Deputy President A M Richardson.

The central legal issues for the Commission to decide were whether the agreement was the product of genuine bargaining and whether it contained fair and reasonable terms. The Commission needed to consider if the AWU had genuinely negotiated the agreement with Transfield and if the agreement's terms were fair and reasonable in light of the broader economic and industrial context. In particular, the Commission had to determine if the agreement's provisions adequately reflected the interests of the employees, while also considering Transfield's business needs.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the agreement was indeed the product of genuine bargaining. The Commission found that the AWU and Transfield had engaged in a comprehensive negotiation process, resulting in a detailed agreement that addressed the interests of both parties. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the City Link project and the broader economic and industrial environment. Therefore, the Commission approved the enterprise agreement, finding that it met the statutory requirements.

The final order of the Fair Work Commission was that the Transfield/AWU City Link Maintenance Services (Civil) Enterprise Agreement 2013-2016 be approved, effective from the date of the Commission's decision. This approval ensures that the agreement's terms and conditions will apply to the employees of Transfield involved in the City Link project for the duration of the agreement. The decision confirms the validity of the agreement and provides a framework for the employment relationship between the AWU members and Transfield during 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