Transpacific Industries Pty Ltd

[2014] FWCA 560

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Transpacific Industries Pty Ltd

(AG2014/3416)

TRANSPACIFIC INDUSTRIAL SOLUTIONS TOWNSVILLE SUN

METALS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 30 JANUARY 2014

Application for variation of the Transpacific Industrial Solutions Townsville Sun Metals
Enterprise Agreement 2013.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Transpacific Industries Pty Ltd (“the Employer”) for the approval of a variation to the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013 (“the

Agreement”).

[2] The application was not lodged within 14 days after the variation was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.210(3)(b) I consider it fair to extend the time for making this application.

[3] The application has met the statutory requirements in all requisite respects. The

variation was provided to all relevant employees prior to the ballot, and was approved by a
majority of employees in a ballot.

[4] On the face of the application (and more so by the terms of the variation as sought) the Employer is not seeking an extra claim, or imposing the same on its employees. Indeed, the application is best characterised as a consent application in the circumstances.

[5] The Agreement is varied as follows:
(a) In the “Site Schedule”, at “S1 - Wage Rates”, by amending the wages table, specifically the column headings for columns 3, 4 and 5, which are deleted and replaced as follows: column 3 is now headed “From 1 November 2013”; column 4 is now headed “From 1 November 2014”; and column 5 is now headed “From 1 November 2015”.
[6] The variation is approved and will come into operation on 30 January 2014.

[2014] FWCA 560

[7] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied for the Fair Work Commission to approve a variation to the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013. The application was made under section 210 of the Fair Work Act 2009. The dispute centred on whether the application for approval of the variation met the statutory requirements and whether the application should be granted despite the fact that it was not lodged within the required 14 days. The Senior Deputy President of the Fair Work Commission, Richards, was tasked with determining these issues.

The court had to decide whether the application was lodged within the required time frame, and if not, whether the delay was justified and whether it was fair to extend the time for making the application. The court also had to determine whether the variation met the statutory requirements and whether it was fair to approve the variation.

The Senior Deputy President found that the delay in lodging the application was justified and that it was fair to extend the time for making the application. The court also found that the application met all the statutory requirements, including that the variation was provided to all relevant employees prior to the ballot and was approved by a majority of employees in a ballot. The court further found that the variation did not seek an extra claim or impose the same on the employees, and was best characterised as a consent application. The court approved the variation and ordered that it come into operation on 30 January 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established