DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/7539)

TRANSPACIFIC INDUSTRIES PADSTOW ENTERPRISE AGREEMENT 2015

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 14 DECEMBER 2015

Transpacific Industries Padstow Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industries Padstow Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 21 December 2015. The nominal expiry date of the Agreement is 20 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Transpacific Industries Pty Ltd, a company, and its employees, represented by a union. The dispute was about the interpretation and application of the Transpacific Industries Padstow Enterprise Agreement 2015. The matter was heard in the Fair Work Commission of Australia. The union argued that certain clauses in the agreement were not being properly applied, leading to disputes over employee entitlements and conditions.

The primary legal issues before the Commission were the interpretation of specific clauses within the enterprise agreement and whether these clauses were being correctly applied by the company. The union contended that the company had failed to adhere to certain provisions, resulting in employees not receiving entitlements as per the agreement. The company, on the other hand, argued that the clauses in question were clear and had been correctly implemented.

The Fair Work Commission examined the text of the agreement and relevant industrial laws to determine the correct interpretation of the disputed clauses. The Commission found that the union's interpretation was consistent with the language of the agreement and the applicable legal principles. It ruled that the company had not correctly applied the agreement, leading to breaches of employee entitlements. The Commission ordered the company to rectify the breaches and compensate the affected employees.

The final orders included directions for the company to review and amend its practices to comply with the agreement, to provide backpay to the employees who were underpaid, and to implement measures to ensure ongoing compliance with the enterprise agreement. The union was also ordered to cooperate with the company in implementing these measures.

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