DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2687)

TRANSWASTE TECHNOLOGIES DANDENONG ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 22 MAY 2015

Application for approval of the Transwaste Technologies Dandenong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transwaste Technologies Dandenong Enterprise Agreement 2014 (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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for the approval of the Transwaste Technologies Dandenong Enterprise Agreement 2014. The applicant argued that the agreement was made in good faith and covered all necessary terms and conditions of employment for the relevant employees. The Australian Manufacturing Workers' Union opposed the application, contending that the agreement did not meet the necessary standards for approval as it lacked provisions addressing key employment issues such as redundancy and casual conversion. The central legal issues before the Commission were whether the agreement was genuinely negotiated and if it provided adequate terms and conditions for the employees.

The Commission examined the process through which the agreement was negotiated, considering the extent of the involvement of the union and the employer. It also assessed whether the agreement contained essential terms that were necessary to protect the employees' rights and interests. The Commission found that while the agreement was generally comprehensive, it did not explicitly address redundancy and casual conversion. Despite this, the Commission determined that the overall terms of the agreement were fair and reasonable, and that the negotiation process was genuine and in good faith. The absence of specific provisions on redundancy and casual conversion was considered to be a minor deficiency that did not invalidate the agreement as a whole.

In approving the agreement, the Commission emphasised the importance of the negotiation process and the substantive fairness of the terms provided. It noted that the agreement covered a broad range of employment conditions and provided for mechanisms to address future issues. The Commission concluded that the benefits of approving the agreement outweighed the deficiencies, and that the agreement could be approved subject to minor modifications to include specific provisions on redundancy and casual conversion. This decision ensures that the agreement meets the necessary standards for approval while allowing for the minor amendments required to address the union's concerns.

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