DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services Sydney
(AG2015/4526)

UTILITA (WATER AND ASSOCIATED UTILITIES MAINTENANCE SERVICES – QUEENSLAND) ENTERPRISE AGREMEENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Transfield Services Sydney.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers’ Union, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as The Australian Manufacturing Workers’ Union, The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Transfield Services Sydney, applied to the Fair Work Commission for approval of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2015. This agreement was negotiated between the applicant and the Queensland Branch of the National Union of Workers. The primary nature of the dispute centred around the terms and conditions proposed within the agreement, particularly focusing on whether these terms complied with the requirements of the Fair Work Act 2009.

The legal issues before the court included whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for a fair and efficient method of determining employees' terms and conditions of employment, and whether it adhered to the 'better off overall test'. This test requires that employees are not disadvantaged by the proposed agreement compared to their current conditions.

In examining the evidence, the Fair Work Commission concluded that the proposed agreement met the necessary legal standards. The court found that the agreement provided a fair and efficient method of determining terms and conditions, and that employees would be better off overall under the new agreement. The Commission was satisfied that the agreement had been negotiated in good faith and that it included adequate provisions for minimum wages, entitlements, and dispute resolution mechanisms.

The Fair Work Commission approved the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2015, with the approval effective from the date of the decision. This decision concluded that the agreement complied with the statutory requirements and was in the best interests of the employees.

Transfield Services Sydney

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established