DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/3672)

TRANSPACIFIC INDUSTRIAL SOLUTIONS PHOSPHATE HILL ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 9 JULY 2015

Application for approval of the Transpacific Industrial Solutions Phosphate Hill Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Phosphate Hill Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd brought an application for approval of the Transpacific Industrial Solutions Phosphate Hill Enterprise Agreement 2014. The applicant sought to have the agreement approved by the Fair Work Commission under section 234 of the Fair Work Act 2009. The applicant argued that the agreement contained appropriate terms and conditions for the employees covered by it, and that it had been negotiated in good faith. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not provide adequate protections for employees.

The central legal issue for the Commission to decide was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been negotiated in good faith, whether it provided for appropriate terms and conditions for employees, and whether it complied with the provisions of the Act. The Commission also had to consider whether the agreement was in the best interests of the employees covered by it.

In determining the application, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement had been negotiated in good faith and that it provided for appropriate terms and conditions for employees. The Commission also found that the agreement complied with the provisions of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for a range of protections for employees, including provisions relating to pay, leave, and termination of employment. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, and that it met the requirements for approval under the Act.

The Fair Work Commission approved the Transpacific Industrial Solutions Phosphate Hill Enterprise Agreement 2014. The Commission found that the agreement had been negotiated in good faith, provided for appropriate terms and conditions for employees, and complied with the provisions of the Act. The Commission was satisfied that the agreement was in the best interests of the employees covered by it, and that it met the requirements for approval under the Act. The Commission noted that the agreement provided for a range of protections for employees, and that it provided for fair and reasonable terms and conditions for those employees.

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