Transpacific Industries Pty Ltd Summary

[2014] FWCA 8437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/9700)

CLEANAWAY SYDNEY POST COLLECTIONS ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 26 NOVEMBER 2014

Application for approval of the Cleanaway Sydney Post Collections Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Cleanaway Sydney Post Collections 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 Company). The agreement is a single-enterprise agreement.

[2] On 24 November 2014 undertakings were provided by Mr D Lemme (HR Business Partner). Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2014. The nominal expiry date of the Agreement is 25 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Cleanaway Sydney Post Collections Enterprise Agreement 2014. The agreement was made between the employer and the employees who are covered by the agreement. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement.

The court was required to determine whether the employer had complied with the procedural requirements of the Fair Work Act in making the agreement and whether the agreement met the criteria for substantive fairness. This included assessing whether the agreement provided for appropriate terms and conditions, including minimum wages and other entitlements, and whether it had been made in good faith and without coercion.

The Fair Work Commission found that the employer had complied with the procedural requirements of the Fair Work Act in making the agreement. The court also found that the agreement met the criteria for substantive fairness, providing for appropriate terms and conditions for the employees and being made in good faith. The court approved the agreement, finding that it was fair and reasonable and met the requirements of the Fair Work Act.

No further orders were made by the court. The agreement was approved and came into effect on the date of the decision. The employer and employees were bound by the terms of the agreement, and any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act.

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