DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2601)

TRANSPACIFIC INDUSTRIES (WESTERN LIQUID WASTE - VICTORIA) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 JUNE 2015

Application for approval of the Transpacific Industries (Western Liquid Waste - Victoria) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industries (Western Liquid Waste - Victoria) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Transpacific Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

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

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 8 June 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Transpacific Industries (Western Liquid Waste - Victoria) Enterprise Agreement 2015. The dispute centred around the adequacy and fairness of the proposed agreement, which sought to regulate the terms and conditions of employment for workers in the western liquid waste sector in Victoria. The application was brought by the employer, Transpacific Industries, while the Australian Council of Trade Unions acted on behalf of the employees.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider if the agreement was genuinely negotiated, if it provided for the protection of employee rights, and if it complied with the procedural requirements set out in the Act. Additionally, the Commission needed to ensure that the agreement did not undermine the minimum standards of the National Employment Standards and the applicable award.

The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employee rights. The Commission noted that the agreement contained provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms that aligned with the objectives of the Fair Work Act. Furthermore, the agreement did not undermine the minimum standards of the National Employment Standards or the applicable award. Therefore, the Commission approved the Transpacific Industries (Western Liquid Waste - Victoria) Enterprise Agreement 2015. The approval ensures that the agreed terms and conditions of employment will be legally binding on the parties and will provide a framework for fair and reasonable workplace relations in the western liquid waste sector in Victoria.

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