Transpacific Industries Pty Ltd Summary

[2014] FWCA 5261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/6856)

CLEANAWAY MORETON BAY REGION ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the Cleanaway Moreton Bay Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Moreton Bay Region Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] Fair Work Commission received correspondence dated 14 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employment Relations Advisor on behalf of the applicant, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[3] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia (TWU), 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 that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Moreton Bay Region Enterprise Agreement 2014. The applicant argued that the agreement was appropriate for the employees covered by it, and that the necessary steps had been taken to ensure that the agreement was fairly negotiated. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement complied with the relevant legislative requirements for approval. This involved examining whether the agreement had been fairly negotiated and if it contained the necessary minimum entitlements. The Commission also considered whether the agreement met the standards of procedural fairness and good faith bargaining.

The Commission reviewed the evidence provided by both parties and considered the provisions of the Fair Work Act 2009. After careful analysis, the Commission found that the agreement had been fairly negotiated and contained the necessary minimum entitlements. The Commission concluded that the applicant had satisfied the statutory criteria for approval, and the agreement was subsequently approved. This decision was based on the evidence provided and the application of the relevant statutory provisions.

The Fair Work Commission approved the Cleanaway Moreton Bay Region Enterprise Agreement 2014, confirming that it met the necessary legal requirements for approval. This outcome was based on the Commission's determination that the agreement had been fairly negotiated and contained the required minimum entitlements.

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