DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2561)

TRANSPACIFIC INDUSTRIAL SOLUTIONS CAMPBELLFIELD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 JUNE 2015

Application for approval of the Transpacific Industrial Solutions Campbellfield Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Campbellfield 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] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

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

[5] 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.

[6] 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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Transpacific Industries Pty Ltd and the Maritime Officers’ Association of Australia, with the latter acting on behalf of its members employed by Transpacific. The central issue was the approval of the Transpacific Industrial Solutions Campbellfield Enterprise Agreement 2015. The dispute centred on the terms and conditions of the agreement, particularly those concerning pay rates, hours of work, and employee entitlements.

The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically if it facilitated, improved, or did not diminish the terms and conditions of employment. This involved assessing the agreement against the "better off overall test" to ensure that employees were not worse off under the new agreement compared to their existing conditions. The Commission also had to consider the procedural fairness in the negotiation process and whether there was genuine bargaining.

After thorough examination, the Commission found that the agreement did meet the statutory requirements. The negotiation process was deemed fair, and the terms provided were not detrimental to the employees. The Commission concluded that the agreement would lead to improved conditions for the employees, thereby satisfying the better off overall test. Consequently, the Fair Work Commission approved the Transpacific Industrial Solutions Campbellfield Enterprise Agreement 2015, effective from the date of the decision.

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