Transfield Services (Australia) Pty Ltd Summary

[2013] FWCA 4417

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2013/1744)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD MTM RAIL INFRASTRUCTURE RENEWALS ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 8 JULY 2013

Application for approval of the Transfield Services (Australia) Pty Ltd, MTM Rail Infrastructure Renewals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd, MTM Rail Infrastructure Renewals Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transfield Services (Australia) Pty Ltd. The agreement is a greenfields agreement.

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

[3] In accordance with s.187(5)(a) of the Act I am satisfied that the Australian Rail, Tram and Bus Industry Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd applied for approval of the Transfield Services (Australia) Pty Ltd, MTM Rail Infrastructure Renewals Enterprise Agreement 2013, before the Fair Work Commission. The applicant sought to have the agreement registered as a protected action agreement under the Fair Work Act 2009. The dispute arose from a disagreement between the applicant and the Rail, Tram and Bus Union regarding the terms of the enterprise agreement. The Fair Work Commission was required to determine whether the agreement met the criteria for registration, including whether it provided for the protection of employees' jobs, wages, and conditions. The Commission also had to assess whether the agreement provided for appropriate dispute resolution mechanisms and whether the agreement was made in good faith.

The Fair Work Commission considered the evidence and submissions from both parties, including the views of the employees affected by the agreement. The Commission found that the agreement met the criteria for registration, including the protection of jobs, wages, and conditions, and that it provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement was made in good faith. The Commission noted that the agreement provided for a number of benefits to employees, including increased wages and improved conditions, and that the agreement was the result of extensive negotiations between the parties.

The Fair Work Commission approved the Transfield Services (Australia) Pty Ltd, MTM Rail Infrastructure Renewals Enterprise Agreement 2013 as a protected action agreement. The Commission noted that the agreement provided for the protection of employees' jobs, wages, and conditions, and that it provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement was made in good faith, and that it provided for a number of benefits to employees. The Commission concluded that the agreement met the criteria for registration under the Fair Work Act 2009. The agreement was subsequently registered as a protected action agreement.

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