DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/5458)

TRANSPACIFIC CLEANAWAY ADELAIDE URBAN AND SURROUNDS AND RIVERLAND ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 SEPTEMBER 2015

Application for approval of the Transpacific Cleanaway Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Cleanaway Adelaide Urban and Surrounds and Riverland 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2015. The nominal expiry date is 18 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Transpacific Cleanaway Adelaide Urban and Surrounds and Riverland Enterprise Agreement 2015. The application was opposed by the South Australian Union of Trade and Office Workers, who argued that the agreement failed to meet the requirements of section 233 of the Fair Work Act 2009. The Union contended that the agreement did not appropriately address the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the Enterprise Agreement satisfied the "better off overall test" under section 233 of the Fair Work Act. This test required the Commission to determine if the agreement was likely to result in employees being "better off overall" than they would be without the agreement. The Union's primary contention was that the agreement did not appropriately address the terms and conditions of employment, particularly in relation to shift differentials and penalty rates.

The Commission found that the Enterprise Agreement met the better off overall test. The agreement provided for improved terms and conditions of employment for the employees, including provisions for shift differentials and penalty rates, which were considered in the context of the overall package of benefits. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees. Consequently, the Commission approved the Enterprise Agreement. The Union's objections were dismissed.

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