Transpacific Industries Pty Ltd

[2014] FWCA 3239

[2014] FWCA 3239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/5186)

TRANSPACIFIC REFINERS RUTHERFORD ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 19 MAY 2014

Application for approval of the Transpacific Refiners Rutherford Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Refiners Rutherford 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 agreement is a single-enterprise agreement.

[2] On reviewing the application clarification was sought from the Applicant about the hours of work and consultation provisions in the Agreement. Confirmation was also sought about when the Notice of Employee Representational Rights was provided to employees.

[3] The Applicant has provided an undertaking in response indicating that the intent of clause 10.3 of the Agreement is that where employees work a 38 hour week their hours of work will not exceed 152 hours in 28 consecutive days. A copy of this undertaking has also been provided to the Australian Workers’ Union who are a bargaining representative for employees covered by the proposed Agreement. I have accepted that undertaking which is attached to this decision and will now form part of the Agreement.

[4] The Applicant’s response also confirms that the Notice of Employee Representational Rights was provided to the employees intended to be covered by the proposed Agreement on 26 November 2013, almost 4 months prior to the date when the employees were asked to vote on the proposed Agreement.

[5] I am also satisfied that each of the requirements of ss.186, 187, 188 and s.190 that are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2014. The nominal expiry date of the Agreement is 14 January 2017.

COMMISSIONER

Attachment A:

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