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

[2013] FWCA 254

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
(AG2012/13037)

THE ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - PROFESSIONAL TECHNICAL, SUPERVISORY, ADMINISTRATIVE AND DISPATCH AGREEMENT

Water, sewerage and drainage services
COMMISSIONER HAMPTON	ADELAIDE, 14 JANUARY 2013

Application for approval of the The Allwater JV Employees Enterprise Agreement 2012 - Professional Technical, Supervisory, Administrative and Dispatch Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Allwater JV Employees Enterprise Agreement 2012 - Professional Technical, Supervisory, Administrative and Dispatch 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), United Voice and CPSU, the Community and Public Sector Union, South Australian Branch being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers each of the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 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 for approval of the Allwater Joint Venture Employees Enterprise Agreement 2012, specifically the Professional, Technical, Supervisory, Administrative, and Dispatch Agreement. The application was lodged in the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement, which was intended to govern the employment conditions of certain employees within the joint venture, met the legal standards for approval under the Fair Work Act 2009. This involved scrutinising the agreement's compliance with procedural requirements and its fairness to the employees it covered.

The legal issues before the FWC included whether the agreement was genuinely an enterprise agreement, whether the correct bargaining representatives had been involved, and if the agreement met the criteria of being free from prohibited content and ensuring procedural fairness. The court had to determine if the agreement had been negotiated in good faith and if it provided for the employees' rights and obligations in a manner that was fair and equitable. The FWC examined the application and the submissions from the parties to assess whether the agreement was consistent with the statutory requirements and if it appropriately balanced the interests of both the employer and the employees.

The FWC found that the application for approval of the enterprise agreement was valid and that the agreement met the necessary legal standards. The commission determined that the agreement was genuinely an enterprise agreement, negotiated in good faith, and contained no prohibited content. It also concluded that the procedural fairness was upheld, as the bargaining process involved the appropriate representatives and the agreement was properly presented to the employees for their consideration. Consequently, the FWC approved the Allwater Joint Venture Employees Enterprise Agreement 2012, thereby resolving the dispute in favour of the applicant.

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