DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2750)

TRANSPACIFIC INDUSTRIES TECHNICAL SERVICES SOUTHERN REGION PLANT OPERATORS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 JUNE 2015

Application for approval of the Transpacific Industries Technical Services Southern Region Plant Operators Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industries Technical Services Southern Region Plant Operators 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 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 25 June 2015. The nominal expiry date is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied for approval of the Transpacific Industries Technical Services Southern Region Plant Operators Enterprise Agreement 2015 before the Fair Work Commission. The applicant sought to have the agreement registered by the Fair Work Commission, with a view to it being deemed to be an approved agreement for the purposes of the Fair Work Act 2009. The applicant argued that the agreement contained terms that were in the interests of the employees, and that it had been negotiated in good faith.

The legal issues before the court were whether the agreement met the requirements for approval under the Fair Work Act, including whether it had been negotiated in good faith and contained terms that were in the interests of the employees. The court had to consider the terms of the agreement, the process by which it was negotiated, and whether it met the requirements for approval under the Act.

The court found that the agreement had been negotiated in good faith and contained terms that were in the interests of the employees. The court was satisfied that the agreement met the requirements for approval under the Act, and granted the application for approval. The court noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, and that it had been negotiated between parties who had the capacity to negotiate on behalf of the employees.

The Fair Work Commission approved the Transpacific Industries Technical Services Southern Region Plant Operators Enterprise Agreement 2015. The agreement was registered and deemed to be an approved agreement for the purposes of the Fair Work Act.

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