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

Annexure A

Annexure B

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, a waste management company, was involved in an application for the approval of the NQ Resource Recovery Drivers and Industrial Services Townsville Enterprise Agreement 2015. This case was heard in the Fair Work Commission of Australia, a tribunal with jurisdiction over workplace relations and employment issues. The primary focus was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This act mandates that enterprise agreements must be certified as "no disadvantage" by the Fair Work Commission before they can be registered and enforced.

The legal issues that the Commission needed to address included the proper identification of the bargaining parties, whether the agreement was made genuinely and voluntarily, and if it was fair and reasonable in terms of the provisions and the process of its creation. A significant aspect of the case was whether the agreement adequately addressed the rights and entitlements of the employees, including wages, working conditions, and dispute resolution mechanisms. The Commission also had to consider if the agreement was made in good faith and without coercion, ensuring that it did not adversely affect the employees.

The Commission examined the application thoroughly and found that the agreement had been made in good faith and without coercion. It was noted that the agreement comprehensively addressed the employees' rights and entitlements and adhered to the requirements of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable and did not result in any disadvantage to the employees. As a result, the Commission approved the application for the registration of the enterprise agreement. The final orders included the registration of the NQ Resource Recovery Drivers and Industrial Services Townsville Enterprise Agreement 2015, enabling it to be enforced as a binding contract between the employer and the 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