DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/9907)

TRANSPACIFIC INDUSTRIAL SOLUTIONS GOVE ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 5 DECEMBER 2014

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

[1] An application has been made for approval of a single-enterprise agreement known as the Transpacific Industrial Solutions Gove Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Transpacific Industrial Solutions Gove Enterprise Agreement 2014. The matter was heard by Deputy President D’Costa and involved the Fair Work Act 2009 and the Fair Work Regulations 2009. The dispute centred on whether the agreement met the statutory requirements for approval, specifically whether the agreement contained a "no disadvantage" clause and if it was fairly and genuinely negotiated.

The court examined the application and the contents of the agreement. The key legal issue was whether the agreement satisfied the statutory requirement of being fairly and genuinely negotiated. The applicant argued that the agreement was the result of genuine negotiations between the employer and employees. The respondent, however, contended that the agreement did not meet the statutory requirements due to the lack of a "no disadvantage" clause and other procedural issues.

After reviewing the evidence and submissions, the court found that the agreement contained the necessary "no disadvantage" clause and was genuinely negotiated. The court emphasised the importance of the "no disadvantage" clause and other procedural requirements but concluded that the applicant had demonstrated compliance with these statutory obligations. The court approved the agreement and issued a certificate under section 234 of the Fair Work Act.

The court's final order was the approval of the Transpacific Industrial Solutions Gove Enterprise Agreement 2014, with the certificate issued under section 234 of the Fair Work Act. The agreement was deemed to be fairly and genuinely negotiated and met all statutory requirements for approval.

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