DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/5754)

CLEANAWAY GEELONG DEPOT (MUNICIPAL) ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Cleanaway Geelong Depot (Municipal) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as Cleanaway Geelong Depot (Municipal) Enterprise Agreement 2015 (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 agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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.

[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied for approval of the Cleanaway Geelong Depot (Municipal) Enterprise Agreement 2015. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The application was opposed by the Office of the Fair Work Ombudsman (Ombudsman), which raised concerns about the agreement's provisions on employee rights and protections.

The primary legal issue before the FWC was whether the provisions of the agreement complied with the requirements of the Fair Work Act, particularly in relation to the protection of employees' rights and the maintenance of minimum standards of employment. The Ombudsman argued that certain provisions of the agreement were inconsistent with the Act, including the removal of certain entitlements and the alteration of dispute resolution processes.

The FWC found that some of the provisions of the agreement did not meet the requirements of the Act. The FWC highlighted that the agreement contained terms that were contrary to the provisions of the National Employment Standards and the assumption of certain entitlements, which were not adequately justified. The FWC also noted that the changes to the dispute resolution process could potentially disadvantage employees. However, the FWC approved the agreement with modifications to ensure compliance with the Act. The modifications included the reinstatement of certain entitlements and the restoration of the original dispute resolution process.

The FWC's decision was that the agreement was to be approved with the specified modifications. The court ordered that the Cleanaway Geelong Depot (Municipal) Enterprise Agreement 2015 be approved subject to the changes made to ensure compliance with the Fair Work Act.

Transpacific Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established