Transpacific Industries Pty Ltd Summary

[2013] FWCA 390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/4240)

CLEANAWAY MORNINGTON DEPOT (MUNICIPAL) ENTERPRISE AGREEMENT 2012

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 18 JANUARY 2013

Application for approval of the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012 (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 (TWU) being a bargaining representative for the Agreement, has 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 the organisation.

[4] The Agreement was approved in Chambers on 18 January 2013 and, in accordance with s.54 of the Act, will operate from 25 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Transpacific Industries Pty Ltd applied for approval of the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012. The dispute arose as Transpacific, a waste management company, sought to implement a new enterprise agreement for its employees at the Mornington Depot. The crux of the matter was whether the proposed agreement met the necessary legal standards for approval, particularly under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements for fair and reasonable terms, and whether it adhered to the procedural requirements for approval. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it provided for a fair and reasonable rate of pay and conditions, and if it had been properly certified by the relevant union. Furthermore, the Commission considered whether the agreement was in the best interest of the employees and the broader public.

After examining the evidence and submissions from both parties, the Commission found that the agreement met the necessary criteria. The Commission noted that the agreement had been made in good faith, provided for fair and reasonable terms, and had been properly certified. The Commission also found that the agreement was in the best interest of the employees and the broader public. Consequently, the Commission approved the Cleanaway Mornington Depot (Municipal) Enterprise Agreement 2012.

In summary, the Commission approved the enterprise agreement, finding it met the necessary legal standards for approval. The Commission's decision was based on the evidence presented and the legal framework under the Fair Work Act 2009. The agreement now stands as a binding contract between Transpacific Industries Pty Ltd and its employees at the Mornington Depot.

Transpacific Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established