Transpacific Industries Pty Ltd

[2015] FWCA 7849

[2015] FWCA 7849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/6514)

NQ RESOURCE RECOVERY DRIVERS AND INDUSTRIAL SERVICES TOWNSVILLE ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 13 NOVEMBER 2015

Application for approval of the NQ Resource Recovery Drivers and Industrial Services Townsville Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NQ Resource Recovery Drivers and Industrial Services Townsville Enterprise Agreement 2015 (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] The Agreement does contain a flexibility term however it is not a flexibility term which complies with s.203 of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement and will replace Clause 8 of the Agreement.

[3] Ms Jessica O’Sullivan, the Company’s Human Resources Business Partner, provided two undertakings; one dated the 21 October 2015 concerning clause 15.6 of the Agreement (Meal Allowance) and one dated 11 November 2015 concerning Flexible Working Arrangements and Community Service Leave. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the two undertakings are attached to this decision at Annexure A and Annexure B and form part of the Agreement.

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

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date is 15 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE416649  PR573965>

Annexure A

Annexure B