Transpacific Industries Pty Ltd Summary

[2013] FWCA 8921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/10739)

CLEANAWAY (C & I) EUROBODALLA AND SHOALHAVEN ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transpacific Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2013. The nominal expiry date of the Agreement is 19 November 2016.

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 (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2013. The applicant sought to have the agreement tested under the Fair Work Act 2009, with a view to it becoming a safety net award. The Australian Council of Trade Unions and the Transport Workers Union opposed the application, citing concerns about the agreement's impact on employees' rights and protections.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and appropriate for the employees it covered. This required the Commission to consider the agreement's provisions in light of the principles set out in section 230 of the Fair Work Act, which mandates that an agreement must be fair and not detrimental to the employees it covers. The Commission had to assess whether the agreement provided appropriate protections and entitlements for the employees, and whether it was consistent with the principles of the national workplace relations system.

In reaching its decision, the Commission examined the provisions of the agreement and the submissions of the parties. It found that the agreement contained a number of provisions that were inconsistent with the principles of the national workplace relations system, including provisions that limited employees' entitlements to annual leave and overtime. The Commission also noted that the agreement did not provide adequate protections for employees in relation to termination of employment. However, the Commission found that the agreement did provide appropriate protections and entitlements for employees in relation to other matters, such as wages and conditions of employment. Ultimately, the Commission was satisfied that the agreement was fair and appropriate for the employees it covered, and approved it as a safety net award.

The Fair Work Commission approved the Cleanaway (C & I) Eurobodalla and Shoalhaven Enterprise Agreement 2013 as a safety net award, effective from the date of the decision. The Commission's decision was based on its finding that, while the agreement contained some provisions that were inconsistent with the principles of the national workplace relations system, overall it provided appropriate protections and entitlements for employees. The decision provides a useful guide for employers and employees in the waste management industry, and highlights the importance of ensuring that enterprise agreements are fair and appropriate for the employees they cover.

Transpacific Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established