DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/1925)

CLEANAWAY SOUTH-EAST QUEENSLAND INDUSTRIAL (DRIVERS) ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 3 MARCH 2015

Application for approval of the Cleanaway South-East Queensland Industrial (Drivers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway South-East Queensland Industrial (Drivers) 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 Company). The agreement is a single-enterprise agreement.

[2] On 23 January 2015 an undertaking was provided by Ms R Broanda, a HR Business Partner of the Company, in relation to clause 32.1 (Period of leave) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 10 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval for the Cleanaway South-East Queensland Industrial (Drivers) Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement complied with the relevant legislative provisions and if it appropriately reflected the needs of the employees within the specified region.

The central legal issues before the commission involved whether the enterprise agreement adequately addressed the conditions of employment, including remuneration, hours of work, and other terms and conditions, in a manner that was fair and balanced. Additionally, the court had to consider if the agreement met the procedural requirements outlined in the Fair Work Act 2009. The main contention was whether the negotiation process was bona fide and if the agreement was free from any improper influence or coercion.

The commission examined the negotiation process and found it to be generally compliant with the legal requirements. It determined that the agreement provided reasonable terms and conditions for the employees and was fair and balanced. The commission was satisfied that the process was genuine and that the agreement was not influenced improperly. As a result, the commission approved the Cleanaway South-East Queensland Industrial (Drivers) Enterprise Agreement 2014, confirming its compliance with the relevant legislative standards. The approval allows the agreement to come into effect, providing the stipulated terms and conditions for the drivers in the specified region.

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