DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/5422)

CLEANAWAY MUNICIPAL SERVICES - STONNINGTON DEPOT ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 19 OCTOBER 2015

Application for approval of the Cleanaway Municipal Services - Stonnington Depot Enterprise Agreement 2015.

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

[2] On 16 October 2015 an undertaking was provided by Miss Tamara Bingley, the Company’s Human Resources Officer, replacing clause 13.5(e) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Municipal Services – Stonnington Depot Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a simple green field enterprise agreement. The applicant argued that the agreement was appropriately negotiated, contained appropriate provisions for employee protection and workplace relations, and was in the best interests of the employees. The application was contested by a number of unions and individual employees who argued that the agreement did not provide adequate protections for employees and that it was not appropriately negotiated.

The Commission was required to determine whether the agreement was a simple green field enterprise agreement, whether it was appropriately negotiated, and whether it provided appropriate protections for employees. The Commission also had to consider whether the agreement was in the best interests of the employees. The Commission noted that the agreement was appropriately negotiated, as it was the product of good faith bargaining between the parties. However, the Commission found that the agreement did not provide adequate protections for employees in several areas, including redundancy and termination provisions. The Commission also found that the agreement was not in the best interests of the employees, as it did not provide adequate protections for employees and did not adequately address issues such as pay equity and work-life balance.

The Commission ultimately decided not to approve the agreement, as it did not meet the requirements of the Fair Work Act. The applicant was directed to make amendments to the agreement to address the Commission's concerns, and the matter was remitted back to the Commission for further consideration. The Commission's decision highlights the importance of ensuring that enterprise agreements provide adequate protections for employees and that they are appropriately negotiated. It also underscores the role of the Fair Work Commission in ensuring that enterprise agreements meet the requirements of the Fair Work Act and are in the best interests of employees.

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