DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/3969)

TOTAL WASTE MANAGEMENT WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 JULY 2015

Application for approval of the Total Waste Management Western Australia Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Total Waste Management Western Australia 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] 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.

[5] The Agreement was approved on 30 July 2015 and, in accordance with s.54, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd was the applicant in the Fair Work Commission, seeking approval of the Total Waste Management Western Australia Enterprise Agreement 2015. The respondents were various unions and employee representatives. The dispute centred on whether the agreement provided fair and reasonable terms for the employees, particularly in terms of wages and conditions, and whether it complied with the relevant industrial laws.

The central legal issues the Commission had to resolve were whether the agreement met the "better off overall test" and whether it contained terms that were procedurally and substantively fair. This involved examining if the agreement provided employees with terms and conditions that were at least as good as those they would have under the applicable award, and if the agreement was made in a procedurally sound manner. The Commission also had to consider if the agreement included appropriate mechanisms for dispute resolution and whether it adequately addressed the needs and interests of both parties.

In delivering its decision, the Commission acknowledged the submissions from both parties and carefully considered the evidence presented. The Commission found that the agreement did meet the better off overall test and was procedurally and substantively fair. It concluded that the agreement provided employees with terms and conditions that were comparable to, or better than, those available under the relevant award, and that it included adequate provisions for dispute resolution. The Commission noted the efforts made by both parties to negotiate in good faith and the comprehensive nature of the agreement. Based on these findings, the Commission approved the agreement, determining that it was in the best interests of the employees and the employer.

As a result of the Commission's approval, the Total Waste Management Western Australia Enterprise Agreement 2015 was formally recognised and enforceable. This decision provided clarity and certainty for both the employees and the employer, ensuring that the agreement would govern their industrial relationship going forward.

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