Transpacific Industries Pty Ltd Summary

[2014] FWCA 5166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/6354)

TRANSPACIFIC INDUSTRIAL SOLUTIONS KURNELL REFINERY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 JULY 2014

Application for approval of the Transpacific Industrial Solutions Kurnell Refinery Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Kurnell Refinery Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 23 July 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 August 2014. The nominal expiry date of the Agreement is 30 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of the Transpacific Industrial Solutions Kurnell Refinery Enterprise Agreement 2014 before the Fair Work Commission. The application was made to determine if the agreement met the requirements under the Fair Work Act 2009. The primary dispute centred on the procedural fairness of the agreement, particularly whether proper consultation was conducted with the employees and their representatives.

The legal issues involved determining if the agreement was made in good faith, if it was free from coercion, and if it complied with the procedural requirements set forth by the Fair Work Act. A significant part of the discussion revolved around whether the employer had adequately consulted with the employees and their representatives during the negotiation process. The commission needed to assess if the agreement was made in a manner that ensured a fair and balanced outcome for both parties.

The commission examined the evidence provided by Transpacific Industries regarding the consultation process. It considered the documentation, testimonies, and submissions from both the employer and the employees' representatives. The commission concluded that the employer had acted in good faith and had provided sufficient evidence of meaningful consultation. It was found that the agreement was made without coercion and adhered to the procedural requirements of the Fair Work Act. Consequently, the commission approved the Transpacific Industrial Solutions Kurnell Refinery Enterprise Agreement 2014.

The final orders of the commission mandated that the agreement be registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the terms and conditions of employment for the employees covered by the agreement.

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