Transpacific Industries Pty Ltd Summary

[2014] FWCA 8336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/9551)

TRANSPACIFIC INDUSTRIAL SOLUTIONS GLADSTONE OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Gladstone Operators Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 2 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval for the Transpacific Industrial Solutions Gladstone Operators Enterprise Agreement 2014. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved whether the agreement complied with the provisions for genuine agreement and the process for its approval.

The key issues before the Commission were whether the agreement had been made genuinely, whether it covered the necessary employees, and whether it met the standards of the Fair Work Act. Additionally, the Commission had to consider whether the agreement had been fairly negotiated and whether the process for its approval was properly followed.

The Commission found that the agreement had been made genuinely and covered the necessary employees. It met the standards of the Fair Work Act and had been fairly negotiated. The process for its approval was also properly followed. The Commission concluded that the agreement should be approved as it met all the legal requirements.

The Fair Work Commission approved the Transpacific Industrial Solutions Gladstone Operators Enterprise Agreement 2014, confirming its compliance with the Fair Work Act. The agreement was found to have been made genuinely, covering the necessary employees, and meeting the standards of the Act. The Commission's decision was based on the thorough evaluation of the negotiation process and the agreement's provisions.

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