Transpacific Industries Pty Ltd

[2013] FWCA 7874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/10685)

CLEANAWAY ROCKHAMPTON REGION DRIVERS ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 9 OCTOBER 2013

Application for approval of the Cleanaway Rockhampton Region Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Rockhampton Region 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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2013. The nominal expiry date will be 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Cleanaway Rockhampton Region Drivers Enterprise Agreement 2013. The applicant sought approval of the agreement, which was made under section 179 of the Fair Work Act 2009, as a registered low paid industry agreement. The application was contested by the Australian Education Union. The dispute centred on whether the agreement met the criteria for registration and approval under the Fair Work Act, particularly whether it was a genuine low paid industry agreement and whether it provided fair and reasonable terms and conditions.

The legal issues before the Commission included whether the agreement was made in good faith and whether it was genuinely negotiated. The Commission also had to determine if the agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act. The applicant argued that the agreement was a genuine low paid industry agreement, negotiated in good faith, and contained terms and conditions that were fair and reasonable. The respondent contended that the agreement did not meet the statutory requirements and was not in the public interest.

The Fair Work Commission found that the agreement was genuinely negotiated and met the criteria for registration and approval. The Commission was satisfied that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission also found that the agreement was in the public interest and complied with the relevant provisions of the Fair Work Act. The application was subsequently approved, and the Cleanaway Rockhampton Region Drivers Enterprise Agreement 2013 was registered as a low paid industry agreement. The Commission determined that the agreement provided adequate protections for the employees and facilitated the efficient operation of the industry. The Commission concluded that the agreement was in the best interests of the parties involved and the broader community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established