Transpacific Industries Pty Ltd Summary

[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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CaseChat Overview and Summary

In the case of Transpacific Industries Pty Ltd, the applicant sought approval of the Cleanaway (C&I) Wollongong Enterprise Agreement 2013. The applicant, Transpacific Industries, argued that the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The respondent, a union representing the employees, contested the application on various grounds, primarily that the agreement failed to meet the Fair Work Act’s requirements.

The primary legal issues before the court were whether the agreement provided for a safety net of minimum wages and conditions, and whether it was appropriately negotiated and covered the requisite bargaining scope. The court needed to determine if the agreement complied with statutory obligations and if it was genuinely bargained for between the parties.

The court examined the evidence presented and found that the agreement did not adequately provide for a safety net of minimum wages and conditions as required by the Fair Work Act. The court also concluded that the agreement was not genuinely negotiated and did not cover the entire bargaining scope as stipulated by law. Consequently, the application for approval was dismissed.

The court's decision was based on a detailed analysis of the agreement's provisions, the negotiation process, and the bargaining scope. The court's reasoning highlighted the need for compliance with statutory obligations and the importance of genuine negotiation in enterprise agreements. The court dismissed the application, and no approval was granted for the Cleanaway (C&I) Wollongong Enterprise Agreement 2013.

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