DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/1808)

TRANSPACIFIC TECHNICAL SERVICES HOMEBUSH DRIVERS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 FEBRUARY 2015

Application for Approval of the Transpacific Technical Services Homebush Drivers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Technical Services Homebush 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 agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 11. 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.

[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 25 February 2015. The nominal expiry date of the Agreement is 17 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, an employer, made an application to the Fair Work Commission for approval of a new enterprise agreement. The agreement, the Transpacific Technical Services Homebush Drivers Enterprise Agreement 2014, was to govern the employment terms of drivers working at the company’s Homebush site. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the proper protection of employees’ interests and whether it was in the interests of the employees. This required the Commission to consider if the agreement satisfied the "better off overall test," which ensures that the employees are not worse off financially and have improvements in their working conditions. Additionally, the Commission had to ensure that the agreement was made in good faith and that the necessary bargaining processes were followed.

The Commission found that the agreement did meet the statutory requirements for approval. It provided for fair and reasonable terms and conditions, including provisions for wages, leave, and working hours, which were deemed to be better off for the employees overall. The Commission also concluded that the agreement was made in good faith and that the necessary bargaining processes had been followed. Therefore, the application for approval was granted.

The Fair Work Commission approved the Transpacific Technical Services Homebush Drivers Enterprise Agreement 2014. This decision was made effective from the date of the Commission’s determination, allowing the agreement to govern the employment terms of the drivers at the Homebush site.

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