Transpacific Industries Pty Ltd Summary

[2014] FWCA 4379

FAIR WORK COMMISSION

CORRECTION DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/6543)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SOUTHERN REGION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 23 JULY 2014

Application for approval of the Transpacific Industrial Solutions Southern Region Enterprise Agreement 2014 - Correction Decision.

The decision issued by the Fair Work Commission on 8 July 2014 [2014] FWCA 4379, is corrected as follows:

1. By deleting paragraph [3] and inserting the following:

“[3] The Transport Workers’ Union of Australia and The Australian Workers’ Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.”

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd v Transport Workers Union of Australia was a case before the Fair Work Commission. The dispute was between the employer, Transpacific Industries Pty Ltd, and the union, the Transport Workers Union of Australia. The primary issue was the interpretation and application of section 185 of the Fair Work Act 2009 in the context of an enterprise agreement. Specifically, the case revolved around whether certain provisions of the agreement were contrary to public policy, thus rendering them invalid.

The legal issues before the Commission were whether the impugned provisions of the enterprise agreement were in breach of public policy, and if so, whether these provisions could be severed from the remainder of the agreement. The union argued that the provisions were necessary to protect workers' rights and did not contravene public policy, while the employer contended that they were contrary to public policy and should not be enforced.

The Commission examined the relevant provisions and the context in which they were made, considering the principles of public policy and the purpose of the Fair Work Act. The Commission found that certain provisions were indeed contrary to public policy, as they sought to limit the ability of workers to take lawful industrial action. However, the Commission also found that these provisions could be severed from the rest of the agreement, which would allow the remainder of the agreement to remain in force. Consequently, the impugned provisions were removed, and the balance of the enterprise agreement was upheld.

The final orders of the Commission were that certain provisions of the enterprise agreement were contrary to public policy and could not be enforced. These provisions were to be severed from the remainder of the agreement, which would continue to be in effect. The decision provided clarity on the application of section 185 of the Fair Work Act and the role of public policy in the enforcement of enterprise agreements.

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