DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/4681)

CLEANAWAY WESTERN AUSTRALIA - SOUTH WEST REGION MAINTENANCE ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Cleanaway Western Australia - South West Region Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Western Australia - South West Region Maintenance 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 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 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 2 September 2015. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transpacific Industries Pty Ltd, the applicant sought approval of the Cleanaway Western Australia - South West Region Maintenance Enterprise Agreement 2015. The dispute arose within the Fair Work Commission, where the applicant aimed to have the agreement recognised as a single-enterprise agreement for the purposes of the Fair Work Act 2009. The applicant argued that the agreement should be approved as it was negotiated in good faith and included provisions that met the requirements for approval under the Act.

The central legal issues the Commission needed to address were whether the agreement was genuinely negotiated in good faith, whether it complied with the procedural fairness requirements, and if it contained all the mandated minimum terms and conditions. Furthermore, the Commission had to determine whether the agreement was a single-enterprise agreement as defined by the Act.

The Commission, after reviewing the evidence and submissions, concluded that the agreement was negotiated in good faith and met all the procedural fairness requirements. It found that the agreement contained all the mandated minimum terms and conditions and that it was a single-enterprise agreement. Therefore, the Commission approved the agreement as a single-enterprise agreement. This decision confirmed that the agreement was valid and could be applied to the relevant employees.

The Fair Work Commission approved the Cleanaway Western Australia - South West Region Maintenance Enterprise Agreement 2015 as a single-enterprise agreement, recognising it as a valid agreement under the Fair Work Act 2009. The decision highlighted that the agreement had been negotiated in good faith, met all procedural fairness requirements, and included all mandated minimum terms and conditions. This approval ensures that the agreement will apply to the relevant employees and can be implemented as intended.

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