DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2516)

TRANSPACIFIC INDUSTRIAL SOLUTIONS BP REFINERY BULWER ISLAND GREENFIELDS AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 MAY 2015

Application for approval of the Transpacific Industrial Solutions BP Refinery Bulwer Island Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions BP Refinery Bulwer Island Greenfields 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 greenfields agreement.

[2] I am satisfied each of the requirements of ss.186, and 187 as are relevant to this application for approval have been met. I am satisfied that Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date will be 17 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently approached the Fair Work Commission seeking approval of the Transpacific Industrial Solutions BP Refinery Bulwer Island Greenfields Agreement 2015. The agreement is proposed to apply to employees of Transpacific who are engaged to perform work at the BP Refinery on Bulwer Island. The matter was heard by Deputy President J M F Cowling.

The primary legal issue before the Deputy President was whether the proposed agreement met the requirements of the Fair Work Act 2009 for a Greenfields agreement. Specifically, the Deputy President needed to determine if the agreement was in the interests of the employees, if it would lead to the establishment of a new industrial facility, and if it complied with the relevant provisions of the Act.

In delivering his decision, Deputy President Cowling found that the proposed agreement did meet the statutory requirements for a Greenfields agreement. He noted that the agreement contained provisions that were in the interests of the employees, including provisions relating to wages and conditions, dispute resolution, and consultation. The Deputy President also found that the agreement related to the establishment of a new industrial facility, as it was intended to govern the employment of workers who would be engaged to perform work at the BP Refinery. Finally, the Deputy President was satisfied that the agreement complied with the relevant provisions of the Act, including the requirement that it be certified by an independent person.

The Deputy President approved the proposed agreement, subject to certain minor modifications. The modifications related primarily to the inclusion of additional consultation provisions and the clarification of certain definitions. Overall, the Deputy President was satisfied that the proposed agreement would provide a fair and reasonable framework for the employment of workers at the BP Refinery.

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