Transpacific Industries Pty Ltd

[2014] FWCA 4512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/6575)

CLEANAWAY NORTHGATE MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JULY 2014

Application for approval of the Cleanaway Northgate Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Northgate Maintenance 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 Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2014. The nominal expiry date of the Agreement is 7 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Cleanaway Northgate Maintenance Enterprise Agreement 2014, which sought to govern the employment conditions of its employees. The application was contested by several unions who argued that the agreement did not comply with the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for the terms and conditions of employment of the employees covered by the agreement in a fair and reasonable manner.

The central legal issues before the Commission were whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the statutory requirements of the Fair Work Act. The Commission had to consider whether the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off than they would have been under their previous awards or agreements. Additionally, the Commission needed to assess whether the agreement was made in good faith and without coercion.

The Commission determined that the agreement was fair and reasonable, meeting the BOOT. It found that the agreement provided for better wages and conditions for employees, including pay rates, leave provisions, and other employment terms, which were more favourable than those under the previous award. The Commission also concluded that the agreement was made in good faith and without coercion, as there was no evidence to suggest otherwise. As a result, the Commission approved the agreement.

The Commission's final order was that the Cleanaway Northgate Maintenance Enterprise Agreement 2014 be approved. This approval was effective from the date of the decision and governed the employment conditions of the employees covered by the agreement. The unions' objections were dismissed, and the employer's application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established