Transfield Services (Australia) Pty Ltd Summary

[2013] FWCA 765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd
(AG2012/12866)

TRANSFIELD SERVICES - MORNINGTON PENINSULA SHIRE ENTERPRISE AGREEMENT 2012

Gardening services
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2013

Application for approval of the Transfield Services - Mornington Peninsula Shire Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Transfield Services - Mornington Peninsula Shire Enterprise Agreement 2012 (the Agreement). The application was made by Transfield Services (Australia) Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Municipal, Administrative, Clerical and Services 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Transfield Services (Australia) Pty Ltd and the Mornington Peninsula Shire, with the Fair Work Commission (FWC) being the deciding body. The dispute centred around whether the Transfield Services - Mornington Peninsula Shire Enterprise Agreement 2012 should be approved. This agreement aimed to govern the employment conditions of Transfield employees within the Shire's jurisdiction.

The primary legal issues before the FWC were whether the enterprise agreement complied with the Fair Work Act 2009 and if it met the necessary criteria for approval. This involved assessing whether the agreement was made in good faith, if it provided for genuine bargaining, and if it included essential terms that were clear and fair. Additionally, the FWC examined if the agreement adhered to the Fair Work (Transitional Provisions) Regulations 2009, ensuring it was not disadvantageous to the employees.

The FWC determined that the agreement was made in good faith and that genuine bargaining had occurred. The Commission found that the essential terms were clear and fair and that the agreement did not contain any provisions that would be disadvantageous to the employees. Therefore, the FWC approved the enterprise agreement, finding it compliant with the Fair Work Act 2009. The approval was based on the evidence presented, which demonstrated that the agreement was beneficial and fair for both parties involved.

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