DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/6635)

NATIONWIDE OIL NARANGBA CHEMICAL OPERATORS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the Nationwide Oil Narangba Chemical Operators Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Oil Narangba Chemical Operators Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 22 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, an employer, sought approval of the Nationwide Oil Narangba Chemical Operators Enterprise Agreement 2015 from the Fair Work Commission (FWC). This agreement, which covered the employees of Transpacific, was contested by the union, United Voice Queensland, on the grounds that it did not adequately provide for the employees' rights and interests. The union argued that the agreement fell short in various aspects including pay rates, conditions of employment, and the scope of the agreement itself.

The legal issues before the FWC included whether the agreement was a "better off overall test" (BOOT) compliant, if it was fairly negotiated and if it appropriately balanced the interests of both the employer and the employees. The FWC had to assess if the agreement met the necessary standards set by the Fair Work Act 2009, ensuring it was fair and balanced, and did not unfairly disadvantage any party.

The FWC found that the Nationwide Oil Narangba Chemical Operators Enterprise Agreement 2015 was compliant with the BOOT, indicating that the employees were better off overall under the terms of the agreement compared to the previous conditions. The FWC also determined that the agreement was fairly negotiated and appropriately balanced the interests of both parties. The union's arguments regarding the inadequacies of the agreement were not upheld, leading to the FWC's approval of the agreement.

The FWC approved the Nationwide Oil Narangba Chemical Operators Enterprise Agreement 2015, effective from the date of the decision. The union's application for a review of the agreement was dismissed, and the agreement was deemed to be in the best interest of the employees. The decision underscored the importance of ensuring that enterprise agreements meet the legislative requirements and adequately protect the rights and interests of employees.

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