Transpacific Industries Pty Ltd

[2014] FWCA 1648

[2014] FWCA 1648

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2014/3831)

CLEANAWAY (C&I) WOLLONGONG ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 12 MARCH 2014

Application for approval of the Cleanaway (C&I) Wollongong Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (C&I) Wollongong Enterprise Agreement 2013 (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] The company has provided a written undertaking that provides a consultation clause to the Agreement that fully complies with s.205 of the Act. The Transport Workers Union of Australia - NSW Branch (TWU) and employee Mr Peter Simpson, being the only known bargaining representatives have provided written support for the undertaking.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The TWU 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 19 March 2014. The nominal expiry date is 15 May 2016.

COMMISSIONER

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