DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/1539)

NQ RESOURCE RECOVERY TOWNSVILLE PLANT OPERATORS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 16 JANUARY 2015

Application for approval of the NQ Resource Recovery Townsville Plant Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NQ Resource Recovery Townsville Plant Operators 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] 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.

[3] The Australian Workers’ Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2015. The nominal expiry date of the Agreement is 15 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, the operator of the NQ Resource Recovery Townsville Plant, applied for approval of the NQ Resource Recovery Townsville Plant Operators Enterprise Agreement 2014, which was to be registered under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration, including whether it provided for a fair and efficient workplace. The matter was heard by the Full Bench of the Commission, comprising of Senior Member J. Smith and Commissioner M. Williams.

The legal issues before the court involved whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly sections concerning fair and efficient workplaces and the procedural fairness. The Commission had to consider whether the agreement provided for terms and conditions that were fair and efficient, whether the agreement was made in good faith, and whether the correct procedures were followed in making the agreement.

The Commission found that the agreement was fair and efficient, and was made in good faith. The Commission noted that the agreement provided for a fair and efficient workplace by including provisions for the classification of employees, their remuneration, and working conditions. The Commission also found that the agreement was made following the correct procedures, including the provision of relevant information to employees and their representatives, and that there was no procedural unfairness. The Full Bench approved the enterprise agreement, finding it met the requirements for registration under the Fair Work Act.

The Commission ordered that the NQ Resource Recovery Townsville Plant Operators Enterprise Agreement 2014 be registered under the Fair Work Act. The agreement was to be registered from the date of the decision, and the terms and conditions of the agreement would apply to the employees covered by it. The decision was made in the interests of ensuring that the agreement provided for a fair and efficient workplace, and that the rights of both employers and employees were protected.

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