Transpacific Industries Pty Ltd

[2014] FWCA 368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Transpacific Industries Pty Ltd
(AG2013/12783)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SHELL CLYDE GREENFIELDS AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JANUARY 2014

Application for approval of the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Transpacific Industries Pty Ltd.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Construction, Forestry, Mining and Energy Union, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2014. The nominal expiry date of the Agreement is 30 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently appeared before the Fair Work Commission, seeking approval for the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013. The dispute centred around the proposed terms and conditions that would apply to employees under the new agreement. The applicants argued that the agreement provided fair and reasonable terms for their employees, while the respondents contested several provisions, claiming they were unfair or did not adequately protect employees' rights.

The legal issues before the Commission involved determining whether certain clauses in the agreement were fair and reasonable under the Fair Work Act 2009. Specific contentions included provisions related to wage rates, overtime, shift patterns, and redundancy. The Commission needed to assess these clauses against the criteria for fairness and reasonableness, considering factors such as industry standards, employee protections, and any detriment caused by the proposed terms.

In delivering its decision, the Commission carefully examined each contested clause. The analysis focused on whether the provisions met the statutory requirements for fairness and reasonableness. The Commission found that several clauses were indeed unfair, as they did not adequately consider employees' needs or provide sufficient protections. Consequently, the Commission did not approve the agreement in its entirety. Instead, it made specific amendments to certain clauses, allowing the agreement to proceed with modifications that better aligned with the statutory criteria.

The final orders of the Commission included the approval of the Transpacific Industrial Solutions Shell Clyde Greenfields Agreement 2013, subject to the modifications made to specific clauses. These changes ensured that the agreement met the legal standards for fairness and reasonableness under the Fair Work Act 2009. The respondents were directed to implement the amended agreement, which now balanced the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established