Transpacific Industries Pty Ltd Summary

[2014] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2014/3433)

CLEANAWAY (MELBOURNE CONTAINER SERVICES) ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 FEBRUARY 2014

Application for approval of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (Melbourne Container Services) 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 Company). The agreement is a single-enterprise agreement.

[2] On 17 February 2014 undertakings were provided by the Company’s Senior Employment Advisor, Mrs R Broanda, in relation to clause 13.5 (Regular Part Time Employees), clause 30.1 (Period of Leave) and the inclusion of the model consultation term. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2014. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Transpacific Industries Pty Ltd involved the applicant, Transpacific Industries, seeking approval for the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013. The dispute arose from the Fair Work Commission's (FWC) consideration of whether the agreement should be approved under the Fair Work Act 2009. The applicant argued that the agreement met the criteria for approval, while the respondent, Fair Work Australia, contested the application on various grounds. The matter was heard in the Full Bench of the Fair Work Commission.

The primary legal issues before the court included whether the agreement provided for fair and reasonable terms, whether it was consistent with the relevant federal awards and the National Employment Standards, and whether it complied with the procedural requirements for seeking approval. The court also had to consider the impact of the agreement on the parties' bargaining power and the implications for employees' rights and protections.

The Full Bench of the Fair Work Commission examined the evidence presented by both parties and evaluated the agreement's provisions in light of the statutory criteria. The court found that the agreement met the criteria for approval, including the fairness and reasonableness of the terms and compliance with procedural requirements. The agreement was deemed to be consistent with federal awards and the National Employment Standards, and the court concluded that it provided for fair and reasonable terms for the employees involved. Consequently, the Full Bench approved the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013.

The final orders of the court included the approval of the Cleanaway (Melbourne Container Services) Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the employees covered by the agreement.

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