DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2319)

TRANSPACIFIC INDUSTRIAL SOLUTIONS LYTTON REFINERY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 APRIL 2015

Application for approval of the Transpacific Industrial Solutions Lytton Refinery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Lytton Refinery Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 2 April 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 7 May 2015. The nominal expiry date of the Agreement is 7 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Transpacific Industrial Solutions Lytton Refinery Enterprise Agreement 2014. The dispute involved the fairness and compliance of the proposed enterprise agreement with the relevant labour laws and standards. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its adherence to the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely bargained between the employer and the employees' representatives. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any employee or group of employees, and that it complied with the procedural requirements for approval. The Commission also had to consider the submissions from the parties involved and any other relevant stakeholders.

In its decision, the Commission closely examined the terms of the agreement, the bargaining process, and the submissions from the involved parties. It found that the agreement contained fair and reasonable terms and conditions of employment, and that it had been genuinely bargained. The Commission was satisfied that the agreement did not unfairly disadvantage any employee or group of employees and that it complied with the procedural requirements for approval. Based on these findings, the Commission approved the Transpacific Industrial Solutions Lytton Refinery Enterprise Agreement 2014.

As a result of the Commission's decision, the enterprise agreement was approved and will now govern the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the employees are provided with fair and reasonable terms of employment, and that their rights and interests are protected under the agreement. The decision also provides certainty and stability for both the employer and employees in relation to their employment relationship.

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