DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2449)

TRANSPACIFIC TECHNICAL SERVICES KOORAGANG ISLAND - PLANT OPERATORS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 4 MAY 2015

Application for Approval of the Transpacific Technical Services Kooragang Island - Plant Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Technical Services Kooragang Island - Plant Operators 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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The Agreement contains a consultation term at clause 27. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2015. The nominal expiry date of the Agreement is 12 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval for the Transpacific Technical Services Kooragang Island - Plant Operators Enterprise Agreement 2014. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The primary dispute involved whether the agreement complied with the statutory requirements for enterprise agreements and whether it contained appropriate provisions for the protection of employees' rights and conditions.

The key legal issues before the Commission included whether the agreement provided for adequate minimum wages and conditions, whether it complied with the procedural requirements for bargaining and approval, and whether it contained provisions that were contrary to public policy. The Commission also considered whether the agreement included appropriate mechanisms for resolving disputes and ensuring compliance. The Fair Work Act mandates that enterprise agreements must not be contrary to public policy, provide for fair terms and conditions, and comply with procedural requirements.

The Commission determined that the agreement generally complied with the statutory requirements. It found that the agreement provided for fair wages and conditions, included necessary procedural safeguards, and did not contravene public policy. The Commission was satisfied that the agreement included adequate provisions for dispute resolution and compliance mechanisms. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Transpacific Technical Services Kooragang Island - Plant Operators Enterprise Agreement 2014, subject to the conditions specified in the decision. This registration means the agreement is now legally binding on the parties involved, and it will govern the employment terms and conditions for the specified workforce.

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