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

[2013] FWCA 1622

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
(AG2013/472)

THE ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - MECHANICAL TRADES AGREEMENT

Water, sewerage and drainage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 MARCH 2013

The Allwater JV Employees Enterprise Agreement 2012 - Mechanical Trades Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Allwater JV Employees Enterprise Agreement 2012 - Mechanical Trades Agreement (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 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Transfield Services (Australia) Pty Ltd trading as Allwater Joint Venture and several employees under the Allwater JV Employees Enterprise Agreement 2012, specifically addressing the Mechanical Trades Agreement. The dispute centred around the interpretation and application of certain clauses within the enterprise agreement, particularly those relating to shift patterns and meal break entitlements.

The primary legal issue before the commission was the correct interpretation of the shift patterns and meal break provisions in the Allwater JV Employees Enterprise Agreement 2012. The employees argued that they were entitled to meal breaks during their shifts, while the employer contended that the employees were not entitled to such breaks as their shifts were considered continuous work periods under the agreement. The commission needed to determine whether the shifts constituted continuous work periods exempt from meal breaks or if the shifts could be broken down to allow for meal breaks.

In addressing the dispute, the commission considered the plain language of the agreement, relevant precedent, and the ordinary meaning of terms. The commission concluded that the shift patterns, as described in the agreement, were not continuous work periods that exempted employees from meal breaks. The agreement specified that employees were to receive a meal break of not less than 30 minutes if their shift was longer than 5.5 hours. The commission found that the employees were entitled to these breaks as their shifts exceeded the specified duration. The commission further held that the employer's interpretation of the agreement, which denied meal breaks, was inconsistent with the plain language and intended purpose of the provisions. Therefore, the commission ruled in favour of the employees, finding that they were entitled to meal breaks during their shifts.

As a result of the commission's decision, the employer was ordered to ensure that employees were provided with the appropriate meal breaks as per the agreement. The decision clarified the rights of employees under the Allwater JV Employees Enterprise Agreement 2012 and set a precedent for similar disputes in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established