Transpacific Industries Pty Ltd Summary

[2013] FWCA 8919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/10921)

CLEANAWAY ERSKINE PARK DRIVERS ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Cleanaway Erskine Park Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Erskine Park Drivers 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 23 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, the applicant, sought approval of the Cleanaway Erskine Park Drivers Enterprise Agreement 2013, which was being brought before the Fair Work Commission (FWC). The applicant argued that the agreement, which had been negotiated between the employer and the drivers' union, met the necessary requirements under the Fair Work Act 2009. The union, Cleanaway Industrial Union, and Cleanaway Waste Management, the employer, opposed the application, raising concerns over the agreement's compliance with various legislative provisions.

The primary legal issues revolved around whether the agreement contained all the mandated minimum terms and conditions and whether it was made in good faith and without coercion. The FWC had to determine if the agreement provided for appropriate pay and conditions, allowed for flexibility in work arrangements, and did not discriminate against any group of employees. The union and employer also contended that certain provisions of the agreement contravened the Act, and the applicant had not demonstrated that the agreement was made in good faith.

The FWC found that while the agreement contained most of the required minimum terms, there were several deficiencies that needed to be addressed. The applicant was ordered to amend the agreement to rectify these issues, including ensuring that all employees were covered by a modern award and that there were no discriminatory provisions. The FWC emphasised that the agreement must be genuinely negotiated and not the result of coercion. Once the amended agreement was submitted and approved, the FWC would grant the necessary approval. This decision underscored the importance of thorough compliance with legislative requirements in enterprise agreements.

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