DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/3824)

CLEANAWAY BATHURST DRIVERS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 21 JULY 2015

Application for approval of the Cleanaway Bathurst Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Bathurst Drivers Enterprise Agreement 2015 (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 Agreement is approved and, in accordance with s.54, will operate from 28 July 2015. The nominal expiry date is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Bathurst Drivers Enterprise Agreement 2015. The applicant argued the agreement was suitable for registration under the Fair Work Act 2009. The application was opposed by several unions and individual employees who raised concerns about the agreement's provisions, particularly those relating to pay and conditions.

The central issue before the Commission was whether the Cleanaway Bathurst Drivers Enterprise Agreement 2015 met the criteria for approval as set out in the Fair Work Act 2009. This involved examining whether the agreement was genuinely negotiated, appropriately certified, and free from any unfair provisions that could potentially undermine the rights of employees.

In assessing the application, the Commission considered the evidence presented by both parties and examined the agreement's provisions. The Commission concluded that the agreement was genuinely negotiated and certified, and that the terms and conditions were fair and reasonable. The Commission found that the pay rates and conditions in the agreement were consistent with industry standards and did not unfairly disadvantage the employees. The Commission also noted that the agreement included provisions for dispute resolution and provided for the protection of employee rights.

Following this determination, the Fair Work Commission approved the Cleanaway Bathurst Drivers Enterprise Agreement 2015, finding it to be suitable for registration. The Commission noted that the agreement provided a fair and reasonable framework for the employment of drivers within the specified enterprise. The approval of the agreement allowed it to be registered and enforceable under the Fair Work Act 2009, thereby establishing the terms and conditions for the drivers employed by Transpacific Industries Pty Ltd.

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