DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/5460)

CLEANAWAY WA PILBARA REGION ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the Cleanaway WA Pilbara Region Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway WA Pilbara Region 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval for the Cleanaway WA Pilbara Region Enterprise Agreement 2015 in the Fair Work Commission. The application arose from a dispute concerning the terms and conditions of employment for workers within the Pilbara region of Western Australia. The commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while a union representing the employees contended that certain provisions were not adequately protective of employee rights.

The primary legal issues before the commission were whether the agreement fairly represented the employees' interests, and if it contained the necessary "protected action provisions" as required by the Fair Work Act. The union argued that some of the provisions were not in the best interests of the employees, particularly those concerning redundancy entitlements and shift penalties. The commission needed to assess the fairness of these provisions and whether they complied with the legislative criteria for approval.

The Fair Work Commission determined that the agreement was fair and reasonable. It found that the provisions concerning redundancy entitlements and shift penalties did not disadvantage the employees but instead reflected reasonable trade-offs between employer and employee interests. The commission was satisfied that the agreement contained all necessary protected action provisions and met the legal standards for approval. Consequently, the application for the approval of the Cleanaway WA Pilbara Region Enterprise Agreement 2015 was approved.

The final orders of the commission included the approval of the enterprise agreement, with specific provisions ensuring that the agreement would be registered and binding on all parties involved. This decision affirmed the agreement as a legitimate and enforceable document under the Fair Work Act.

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