Transpacific Industries Pty Ltd

[2014] FWCA 6686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/8624)

TRANSPACIFIC CLEANAWAY (TULLAMARINE DEPOT) ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 23 SEPTEMBER 2014

Application for approval of the Transpacific Cleanaway (Tullamarine Depot) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Cleanaway (Tullamarine Depot) 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] Undertakings were provided by Ms K Walker (Employment Relations Advisor) on 8 August and 16 September 2014. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of the undertakings are attached to this decision at Annexures A and B and form 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 22 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The matter before the court involved Transpacific Industries Pty Ltd, which sought approval for the Transpacific Cleanaway (Tullamarine Depot) Enterprise Agreement 2014. The application was brought under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the necessary requirements for approval under the Act, particularly whether it contained provisions that were against the public interest or contrary to the spirit of the Act. The matter was heard in the Fair Work Commission, with the decision being reviewed by the Federal Circuit Court of Australia.

The court was tasked with determining whether the agreement's provisions were consistent with the Act and did not contravene the public interest. Key issues included whether certain clauses related to redundancy payments, the definition of casual employees, and other employment conditions were fair and equitable. The court also had to consider if the agreement provided adequate protections and benefits to employees and if it adhered to the procedural requirements for making an enterprise agreement.

In its reasoning, the court examined the provisions of the agreement in detail. It found that certain clauses, including those pertaining to redundancy payments and the definition of casual employees, did not align with the provisions of the Act and were considered unfair. The court highlighted that the agreement failed to provide sufficient protections for employees in these areas, which was against the public interest. Consequently, the court ruled that the agreement could not be approved as it stood and did not meet the requirements under the Fair Work Act 2009.

The court's final orders were that the application for approval of the Transpacific Cleanaway (Tullamarine Depot) Enterprise Agreement 2014 be dismissed. The agreement was not approved, and the court mandated that certain provisions be amended to meet the standards set by the Fair Work Act 2009. The parties were directed to negotiate and submit a revised agreement that complied with the statutory requirements for consideration by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established