DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/1567)

TRANSPACIFIC INDUSTRIAL SOLUTIONS MACKAY ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 16 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Mackay 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 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 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Transpacific Industries Pty Ltd sought approval for the Transpacific Industrial Solutions Mackay Enterprise Agreement 2014. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented certain employees. The dispute centred on the agreement's provisions related to employee entitlements and working conditions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, if it provided for the proper operation of enterprises, and whether it adhered to the good faith bargaining obligations. The union argued that the agreement failed to adequately protect employees' rights and did not reflect the genuine negotiation process. Transpacific Industries contended that the agreement was fair and balanced, meeting all necessary legal criteria.

After examining the evidence and submissions, the Commission concluded that the agreement had been genuinely negotiated and met the requirements for approval. The Commission found that the agreement provided for the proper operation of the enterprise and complied with good faith bargaining obligations. The union's concerns regarding employee entitlements were addressed by specific clauses in the agreement that adequately protected the employees' interests. Consequently, the application for approval was granted.

The Commission ordered the approval of the Transpacific Industrial Solutions Mackay Enterprise Agreement 2014, effective from the date of the decision. The union's objections were dismissed, and the agreement was to be registered as a registered agreement under the Fair Work Act. This decision affirmed the agreement's validity and mandated its enforcement between the parties.

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