DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/10060)

CLEANAWAY SPENCER GULF OPERATIONS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 5 DECEMBER 2014

Application for approval of the Cleanaway Spencer Gulf Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Spencer Gulf Operations 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 was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[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 12 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Transpacific Industries Pty Ltd, the applicant, and Cleanaway Spencer Gulf Operations Enterprise Agreement 2014, the subject of the application for approval. The dispute centred on the application for the approval of the Cleanaway Spencer Gulf Operations Enterprise Agreement 2014, a proposed agreement between the employer and the employees. The case was heard in the Fair Work Commission, which is the primary Australian workplace relations tribunal with jurisdiction to approve enterprise agreements.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the procedural and substantive requirements for approval. Procedurally, the Commission needed to be satisfied that the agreement had been made in accordance with the relevant provisions of the Act. Substantively, the Commission had to be satisfied that the agreement provided for terms and conditions of employment that were no less favourable than the applicable national workplace determination.

The Commission found that the agreement met the procedural and substantive requirements for approval. The Commission was satisfied that the agreement had been made in accordance with the relevant provisions of the Act, including the requirement that the agreement be in writing and be signed by authorised representatives of the employer and the employees. The Commission also found that the agreement provided for terms and conditions of employment that were no less favourable than the applicable national workplace determination. The Commission was satisfied that the agreement provided for appropriate protections for employees, including protections in relation to pay rates, working hours, and leave entitlements.

The Fair Work Commission approved the Cleanaway Spencer Gulf Operations Enterprise Agreement 2014. The Commission found that the agreement was in accordance with the requirements of the Fair Work Act 2009 and provided for terms and conditions of employment that were no less favourable than the applicable national workplace determination. The Commission's decision was based on a detailed analysis of the agreement and the relevant provisions of the Act. The Commission's approval of the agreement provides certainty for the parties and ensures that the agreement is compliant with the relevant legal requirements.

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