DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/4176)

NATIONWIDE OIL VEHICLE OPERATORS ROCKHAMPTON ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 24 AUGUST 2015

Application for approval of the Nationwide Oil Vehicle Operators Rockhampton Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Oil Vehicle Operators Rockhampton 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] Written undertakings concerning casual employees’ leave entitlements, variation of redundancy pay and the flexibility clause, have been provided by the employer and are attached to this Decision.

[3] The model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved, subject to the written undertakings provided by the employer. In accordance with s.191 of the Act, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the Agreement is approved, that is, 31 August 2015. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of the Nationwide Oil Vehicle Operators Rockhampton Enterprise Agreement 2015 from the Fair Work Commission. The agreement proposed various terms and conditions of employment for vehicle operators in Rockhampton. The application was opposed by several unions and individual employees who raised concerns about the agreement's fairness and compliance with the Fair Work Act 2009.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it was a "better off overall test" agreement, and whether it complied with the good faith bargaining requirement. The court also had to consider whether the agreement was in the best interests of the employees and whether it was made in good faith.

In its decision, the Fair Work Commission found that the agreement met the better off overall test and was made in good faith. The Commission held that the agreement was fair and reasonable, taking into account the needs of the employees and the employer, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the good faith bargaining requirement. As a result, the Fair Work Commission approved the Nationwide Oil Vehicle Operators Rockhampton Enterprise Agreement 2015.

The Fair Work Commission ordered that the Nationwide Oil Vehicle Operators Rockhampton Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the relevant employees and employers, and will remain in effect until it is varied or terminated in accordance with the 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