DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/11067)

CLEANAWAY NORTHERN NEW SOUTH WALES (NNSW) REGIONAL DRIVERS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 13 FEBRUARY 2015

Application for approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2015 (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 12 February 2015 undertakings were provided by Mr D Lemme, a Human Resources Business Partner of the Company, in relation to travel allowance. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings 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 20 February 2015. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently brought an application before the Fair Work Commission (FWC) for the approval of the Cleanaway Northern New South Wales (NNSW) Regional Drivers Enterprise Agreement 2015. The application was brought to determine whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including the requirement for the agreement to be a genuine bargain between the employer and employees.

The key legal issues before the Commission were whether the agreement was a genuine bargain and whether it met the requirements of the Fair Work Act. This included examining whether the agreement was negotiated in good faith, whether it provided for a fair and reasonable terms of employment, and whether the agreement was properly certified by the Australian Building and Construction Commission. The Commission also needed to consider whether the agreement complied with the relevant industrial laws, including the requirement for the agreement to be in writing and to include certain minimum terms and conditions of employment.

The FWC concluded that the Cleanaway NNSW Regional Drivers Enterprise Agreement 2015 was a genuine bargain and met the necessary requirements under the Fair Work Act. The Commission found that the agreement was negotiated in good faith and provided for fair and reasonable terms of employment. The Commission also found that the agreement was properly certified by the Australian Building and Construction Commission and complied with the relevant industrial laws. The Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Cleanaway NNSW Regional Drivers Enterprise Agreement 2015 and ordered that it be registered with the Commission. The agreement will now be in effect for the relevant employees and employers in the NNSW region. This decision provides clarity for the parties involved and ensures that the agreement is legally binding and enforceable.

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