Transfield Services (Australia) Pty Ltd T/A Allwater JV Summary

[2013] FWCA 2355

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd T/A Allwater JV
(AG2013/852)

ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - OPERATORS AGREEMENT

Water, sewerage and drainage services
COMMISSIONER HAMPTON	ADELAIDE, 18 APRIL 2013

Application for approval of the Allwater JV Employees Enterprise Agreement 2012 - Operators Agreement .

[1] An application has been made for approval of an enterprise agreement known as the Allwater JV Employees Enterprise Agreement 2012 - Operators Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transfield Services (Australia) Pty Ltd T/A Allwater JV. 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 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice, being bargaining representatives for the Agreement, have each 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd, trading as Allwater Joint Venture, applied to the Fair Work Commission for approval of the Allwater Joint Venture Employees Enterprise Agreement 2012 - Operators Agreement. The applicant sought to have the agreement registered under the Fair Work Act 2009, which requires that certain procedural and substantive fairness criteria be met for an enterprise agreement to be approved. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and two employees, who raised various objections and argued that the agreement did not meet the necessary requirements.

The central legal issues before the Commission were whether the agreement complied with the procedural fairness requirements set out in the Fair Work Act, and whether it satisfied the substantive fairness criteria, including the "better off overall test". The CFMEU and the employees argued that the agreement was not fairly negotiated, did not provide adequate protections for employees, and failed to meet the "better off overall test". They further contended that certain provisions in the agreement, such as those relating to penalty rates and shift patterns, were not reasonably capable of being characterised as terms and conditions of employment.

The Commission found that the agreement was procedurally fair, as it was the outcome of negotiations between the parties and contained a sufficient number of employees' representatives. The Commission also concluded that the agreement met the substantive fairness criteria, including the "better off overall test". The Commission found that the agreement provided adequate protections for employees and that the provisions in question were reasonably capable of being characterised as terms and conditions of employment. The objections raised by the CFMEU and the employees were dismissed, and the application for approval of the agreement was granted.

As a result of the Commission's decision, the Allwater Joint Venture Employees Enterprise Agreement 2012 - Operators Agreement was registered under the Fair Work Act. The agreement now serves as the governing framework for the terms and conditions of employment for the employees covered by the agreement.

Transfield Services (Australia) Pty Ltd T/A Allwater JV

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established