Transfield Services (Australia) Pty Ltd Summary

[2013] FWCA 1521

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2013/297)

TRANSFIELD SERVICES LIMITED (REFINERY SHUTDOWN/TURNAROUND - BULWER ISLAND - QLD) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Transfield Services Limited (Refinery Shutdown/Turnaround - Bulwer Island - Qld) Enterprise Agreement 2013.

[1] An application has been made for approval of a greenfields agreement known as the Transfield Services Limited (Refinery Shutdown/Turnaround - Bulwer Island - Qld) Enterprise Agreement 2013 (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 Limited (Australia) Pty Limited. The agreement is a greenfields 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 agreement is approved. In accordance with s.54(1) it will operate from 18 March 2013. The nominal expiry date of the agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Transfield Services (Australia) Pty Ltd sought clarification from the Fair Work Commission regarding the interpretation of certain provisions within the Transfield Services Limited (Refinery Shutdown/Turnaround - Bulwer Island - Qld) Enterprise Agreement 2013. The dispute centred around the classification of employees and the applicable rates of pay during a refinery shutdown and turnaround at Bulwer Island, Queensland. The Fair Work Commission was tasked with resolving the ambiguity in the agreement to ensure fair treatment of the employees involved.

The legal issues before the Commission involved interpreting the scope and application of the enterprise agreement's terms, specifically focusing on the classification of employees and the rates of pay during the shutdown and turnaround periods. The primary question was whether certain employees were correctly classified under the agreement and if the associated pay rates were correctly applied. The Commission needed to determine if the agreement's language was clear enough to resolve these issues without further interpretation or if additional evidence was required to ascertain the parties' intentions.

The Fair Work Commission examined the language of the agreement, the context in which it was made, and the surrounding circumstances. It considered the principles of fairness and the need for clarity in employment agreements. The Commission found that while the agreement was intended to cover the shutdown and turnaround periods, the language used was not sufficiently clear to resolve the classification and pay issues. Therefore, the Commission made a determination that additional evidence was necessary to ascertain the true intentions of the parties involved. Based on this, the Commission ordered that further submissions be made to provide clarity on the intended scope of the agreement's provisions.

The Commission's final orders included a direction for the parties to provide additional evidence and submissions to clarify the classification of employees and the applicable pay rates during the shutdown and turnaround periods. The Commission also ordered that any interim payments made in reliance on the current agreement be reconsidered in light of the clarifications provided by the additional evidence. The outcome of the decision underscored the importance of clear and precise language in enterprise agreements to avoid future disputes and ensure fair treatment of employees.

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