DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/2374)

TRANSPACIFIC INDUSTRIAL SOLUTIONS NEWMAN OPERATORS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2015

Application for approval of the Transpacific Industrial Solutions Newman Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Newman Operators Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6]
The Agreement was approved on 30 April 2015 and, in accordance with s.54, will operate from 7 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 sought approval of the Transpacific Industrial Solutions Newman Operators Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was asked to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The dispute involved whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the statutory requirements for registration. The Commission needed to consider the bargaining process, the content of the agreement, and whether it complied with the provisions of the Act. Another key issue was whether the agreement was made in good faith and whether it was genuinely negotiated between the employer and the employees.

The Fair Work Commission found that the agreement was made in good faith and was genuinely negotiated between the employer and the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it complied with the statutory requirements for registration. The Commission took into account the bargaining process, the content of the agreement, and the evidence presented by both parties. The Commission also considered the interests of the employees and the need to balance those interests with the legitimate business interests of the employer.

The Fair Work Commission approved the Transpacific Industrial Solutions Newman Operators Enterprise Agreement 2014. The Commission determined that the agreement met the requirements for registration under the Fair Work Act 2009 and was in the best interests of the employees. The agreement was registered, and the parties were bound by its terms and conditions.

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