Transpacific Industries Pty Ltd Summary

[2013] FWCA 8707

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2013/11116)

TRANSPACIFIC INDUSTRIAL SOLUTIONS WHYALLA & PORT PIRIE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 NOVEMBER 2013

Application for approval of the Transpacific Industrial Solutions Whyalla & Port Pirie Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Whyalla & Port Pirie Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 1 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Transpacific Industries Pty Ltd, applied to the Fair Work Commission for approval of the Transpacific Industrial Solutions Whyalla & Port Pirie Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union, who raised concerns about the agreement's provisions concerning casual employees and shift patterns. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its provisions on casual employees and shift patterns. The Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions and if it had been genuinely agreed upon by the parties.

The Commission found that the agreement did not adequately address the entitlements of casual employees, as it failed to provide for a consistent pattern of work and did not include provisions for the conversion of casual employees to permanent positions. Furthermore, the Commission determined that the agreement did not sufficiently address shift patterns, as it did not provide adequate mechanisms for employees to request changes to their shift patterns. However, the Commission also found that the agreement had been genuinely agreed upon by the parties and that the benefits of the agreement outweighed its shortcomings. As such, the Commission approved the agreement with modifications to address the identified issues.

The Fair Work Commission approved the Transpacific Industrial Solutions Whyalla & Port Pirie Enterprise Agreement 2013, subject to modifications concerning the entitlements of casual employees and shift patterns. The modifications required the agreement to include provisions for the conversion of casual employees to permanent positions and mechanisms for employees to request changes to their shift patterns. The Commission's decision was based on the finding that the benefits of the agreement outweighed its shortcomings and that it had been genuinely agreed upon by the parties.

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