DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2015/6467)

CLEANAWAY WESTERN AUSTRALIA - SOUTH WEST REGION ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER LEE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the Cleanaway Western Australia - South West Region Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Western Australia – South West Region 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 am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement was approved on 5 November 2015 and, in accordance with s.54 of the Act, will operate from 12 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Cleanaway Western Australia - South West Region Enterprise Agreement 2015. The application was opposed by the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU). The nature of the dispute involved the terms and conditions of employment as stipulated in the proposed agreement, particularly concerning pay rates and classification of employees.

The legal issues before the Commission were whether the agreement provided for fair and reasonable remuneration for employees, and whether it was consistent with the provisions of the Fair Work Act 2009. The opposition argued that certain aspects of the agreement, particularly the pay rates and classification of employees, did not meet the standards of fairness and reasonableness required by the Act. The Commission had to determine whether the provisions of the agreement were consistent with the principles of the Act, which include ensuring that employees are treated fairly and that their rights and obligations are balanced.

In its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission noted that the agreement provided for a structured pay progression for employees, with specific increases tied to years of service and qualifications. The Commission found that the pay rates and conditions outlined in the agreement were fair and reasonable, taking into account the economic context and the bargaining power of the parties. The Commission concluded that the agreement met the standards of fairness and reasonableness required by the Act and approved the application for the agreement to be registered. The opposition's concerns regarding the classification of employees were also addressed, with the Commission finding that the classifications were appropriate and did not disadvantage the employees.

The Commission made an order approving the Cleanaway Western Australia - South West Region Enterprise Agreement 2015, and it was registered with the Fair Work Commission.

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