Transpacific Industries Pty Ltd

[2013] FWCA 9154

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2013/11399)

TRANSPACIFIC INDUSTRIAL SOLUTIONS TOWNSVILLE SUN METALS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Wage Rates are to be paid in accordance with the Site Schedule agreed to and provided to the Fair Work Commission.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 21 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd was the applicant seeking approval of the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013 under the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement registered as a single interest employer agreement, with the Fair Work Commission as the respondent. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue was whether the agreement met the criteria for single interest employer agreements as outlined in section 232 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained only genuine single interest employer terms and if the agreement was made in good faith. The court also needed to consider if the agreement was made without coercion and if it provided for genuine bargaining between the parties.

The court found that the agreement satisfied the requirements for a single interest employer agreement. It held that the agreement contained only genuine single interest employer terms and that it was made in good faith, without coercion, and provided for genuine bargaining. The court noted that the agreement covered matters such as wages, penalty rates, and other employment conditions, and that these terms were consistent with industry standards and practices. The court also considered the process by which the agreement was made and was satisfied that it was a genuine and voluntary agreement between the parties.

The court approved the Transpacific Industrial Solutions Townsville Sun Metals Enterprise Agreement 2013 as a single interest employer agreement, and it was registered with the Fair Work Commission. The agreement will now apply to the employees covered by it, and it will remain in force until it is varied or terminated in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established