DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2850)

CLEANAWAY NORTHERN TERRITORY WORKSHOP ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 30 JULY 2015

Application for approval of the Cleanaway Northern Territory Workshop Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northern Territory Workshop 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.

[4] 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 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Northern Territory Workshop Enterprise Agreement 2015. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers Union. The dispute centred on the terms of the proposed agreement and its compliance with the relevant legislative framework. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the procedural fairness of the agreement's development and whether the agreement provided for fair and reasonable terms and conditions.

The Commission examined the evidence and submissions from both parties to ascertain whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The Commission noted that the agreement had been negotiated between Transpacific Industries and the union, and that it included provisions for wages, hours of work, and other employment conditions. The Commission found that the agreement was procedurally fair and met the requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, taking into account the need to balance the interests of both employers and employees.

As a result, the Fair Work Commission approved the Cleanaway Northern Territory Workshop Enterprise Agreement 2015. The agreement is now legally binding on both Transpacific Industries and the union, and it will govern the employment conditions of the employees covered by the agreement. The decision provides clarity for both parties and ensures that the agreement meets the legal requirements for approval.

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