Transpacific Industries Pty Ltd Summary

[2014] FWCA 8573

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2014/9335)

TRANSPACIFIC CLEANAWAY (CLAYTON DEPOT - DRIVERS) ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 1 DECEMBER 2014

Application for approval of the Transpacific Cleanaway (Clayton Depot - Drivers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as theTranspacific Cleanaway (Clayton Depot - Drivers) 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] Transpacific Industries Pty Ltd has provided a signed written undertaking in relation to annual leave entitlements for shiftworkers, part-time employees, community service leave, accident pay and overtime. I am satisfied the undertaking meets any concerns which I had about the Agreement. Prior to accepting the undertaking the views of the Transport Workers’ Union of Australia (TWU) and the employee bargaining representatives were sought.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 December 2014. The nominal expiry date is four years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Transpacific Industries Pty Ltd applied for the approval of the Transpacific Cleanaway (Clayton Depot - Drivers) Enterprise Agreement 2014. The applicant is a company involved in waste management services, while the respondents include various unions and employee representatives. The dispute centres on whether the proposed enterprise agreement meets the legal standards for approval, including compliance with relevant industrial laws and fairness to employees.

The court was tasked with determining whether the enterprise agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements outlined in the Fair Work Act 2009. A particular focus was on the agreement's provisions related to drivers' working conditions, entitlements, and dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and contained all the minimum terms and conditions required by law. It also concluded that the process leading to the agreement was procedurally sound, with adequate representation and consultation of the employees involved. The Commission approved the enterprise agreement, acknowledging its fairness and compliance with the statutory requirements.

The Commission's decision resulted in the formal approval of the Transpacific Cleanaway (Clayton Depot - Drivers) Enterprise Agreement 2014, which is now legally binding between Transpacific Industries Pty Ltd and the relevant employee representatives.

Transpacific Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established