DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/7783)

CLEANAWAY REGIONAL VICTORIA ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Cleanaway Regional Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Regional Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 10 February 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of the Cleanaway Regional Victoria Enterprise Agreement 2015, which proposed changes to the employment conditions of workers in its Victoria region. The application was made to the Fair Work Commission, which is responsible for approving such agreements under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval, including ensuring it provided for fair and reasonable terms and conditions for employees.

The key legal issues before the Commission were whether the proposed changes in the agreement met the requirements of the Fair Work Act, including whether the agreement facilitated a productive workplace relationship between employers and employees, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also had to consider the views of stakeholders, including employees, employers and unions.

The Commission found that the proposed changes in the agreement met the requirements of the Fair Work Act. The agreement facilitated a productive workplace relationship by providing for a clear and fair process for resolving disputes, and it provided for fair and reasonable terms and conditions of employment. The Commission also considered the views of stakeholders and found that the majority of employees and unions supported the proposed changes in the agreement. The Commission was satisfied that the agreement met the requirements for approval and approved the Cleanaway Regional Victoria Enterprise Agreement 2015.

No final orders are provided in the text.

Transpacific Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established