Transfield Sevices (Australia) Pty Ltd T/A Transfield Sevices Summary

[2014] FWCA 4087

FAIR WORK COMMISSION

DECISION

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

Transfield Sevices (Australia) Pty Ltd T/A Transfield Sevices
(AG2014/1258)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD / NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT (DEFENCE CONTRACTING) 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 19 JUNE 2014

Application for approval of the Transfield Services (Australia) Pty Ltd / National Union of Workers Enterprise Agreement (Defence Contracting) 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd / National Union of Workers Enterprise Agreement (Defence Contracting) 2014 - 2017 (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 Transfield Services (the Applicant). 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2014. The nominal expiry date of the Agreement is 30 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Transfield Services (Australia) Pty Ltd T/A Transfield Services, the National Union of Workers sought approval of an enterprise agreement for the period 2014-2017. The primary dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was the tribunal tasked with evaluating the application.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including wages and other employment terms, and whether it met the requirements of the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement complied with the standards of procedural fairness, including adequate consultation with the employees and the union.

The Commission concluded that the agreement was fair and reasonable, noting the extensive consultation process and the agreement's alignment with broader industrial standards. It found that the agreement met all legal requirements and was procedurally fair. The Commission approved the enterprise agreement, emphasising the importance of fair terms in maintaining industrial harmony.

The Fair Work Commission approved the Transfield Services (Australia) Pty Ltd / National Union of Workers Enterprise Agreement (Defence Contracting) 2014-2017, effective from the date of the decision. The approval was based on the Commission's determination that the agreement was fair and reasonable and met all legal and procedural standards.

Transfield Sevices (Australia) Pty Ltd T/A Transfield Sevices

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established