Transpacific Industries Pty Ltd Summary

[2014] FWCA 1268

The attached document replaces the document previously issued with the above code on 20

February 2014.

This document corrects a typographical error in the title of the Enterprise Agreement.

Stevie Smith

Associate to Commissioner Riordan

Dated: 20 February 2014
[2014] FWCA 1268

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd

(AG2013/12015)

CLEANAWAY ERSKINE PARK MAINTENANCE ENTERPRISE

AGREEMENT 2013

Manufacturing and associated industries

COMMISSIONER RIORDAN

SYDNEY, 20 FEBRUARY 2014

Application for approval of the Cleanaway Erskine Park Maintenance Enterprise Agreement
2013.

[1] An application has been made for approval of an enterprise agreement known as the

Cleanaway Erskine Park Maintenance Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant

to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1

July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of the Cleanaway Erskine Park Maintenance Enterprise Agreement 2013 from the Fair Work Commission. The application centred on whether the agreement met the requirements under the Fair Work Act 2009 to be approved as a single-employer enterprise agreement. The dispute involved the proper application of the Act and the agreement's compliance with the legislative provisions, particularly concerning the agreement's coverage, procedural fairness, and substantive fairness. The Commission was required to determine if the agreement was made in good faith, if the proper consultation was conducted, and if the agreement provided for the employees' terms and conditions of employment.

The Commission considered the evidence presented by both parties regarding the consultation process and the employees' representation. It assessed whether the agreement was made in good faith, including whether the employer had genuinely attempted to reach an agreement with the employees' representatives. The Commission also examined the substantive fairness of the agreement, including whether it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was made in good faith, that the consultation process was adequate, and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission approved the Cleanaway Erskine Park Maintenance Enterprise Agreement 2013, finding it to be a lawful and valid agreement.

The Fair Work Commission approved the Cleanaway Erskine Park Maintenance Enterprise Agreement 2013, recognising it as a lawful and valid agreement. The decision underscored the importance of good faith consultation and the provision of fair and reasonable terms and conditions of employment in the formation of enterprise agreements. The approval of the agreement signifies the Commission's commitment to facilitating fair and effective industrial relations outcomes for employers and employees.

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