DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/4018)

CLEANAWAY BEGA ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 28 JULY 2015

Application for approval of the Cleanaway Bega Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Bega Enterprise Agreement 2014 (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 4 August 2015. The nominal expiry date is 27 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Transpacific Industries Pty Ltd, the Fair Work Commission was tasked with deciding on the application for approval of the Cleanaway Bega Enterprise Agreement 2014. The primary parties involved were the applicant, Transpacific Industries Pty Ltd, and the respondents, who included various unions and employee representatives. The dispute centred on whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission were whether the proposed agreement provided for the fair and reasonable terms and conditions of employment as required by section 230 of the Fair Work Act, and whether it complied with the good faith bargaining provisions outlined in section 228. Additionally, the Commission had to consider whether the agreement adequately addressed the interests of all affected employees and complied with the requirements for proper and genuine bargaining. The Commission also needed to ensure that the agreement met the standards of procedural fairness and did not unfairly disadvantage any group of employees.

The Commission carefully examined the terms of the proposed agreement, the process of bargaining, and the evidence presented by both parties. It considered the economic context, the bargaining positions of the parties, and the fairness of the terms proposed. The Commission found that the agreement was the result of genuine and good faith bargaining and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the process complied with the statutory requirements and that the terms of the agreement were reasonable and appropriate. Consequently, the Commission approved the application for the Cleanaway Bega Enterprise Agreement 2014.

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