Transpacific Industries Pty Ltd Summary

[2013] FWCA 7664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/10647)

CLEANAWAY (RESOURCE RECOVERY) FORD ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 2 OCTOBER 2013

Application for approval of the Cleanaway (Resource Recovery) Ford Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway (Resource Recovery) Ford 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 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 October 2013 and, in accordance with s.54, will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

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 Cleanaway (Resource Recovery) Ford Enterprise Agreement 2013. The respondent was the Australian Council of Trade Unions, representing employees of Cleanaway. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The central issue before the tribunal was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement met the "better off overall test" and if it had been negotiated in "good faith".

The tribunal examined the terms of the agreement and the process by which it was negotiated. The "better off overall test" requires that employees be no worse off financially under the new agreement compared to their previous conditions. The tribunal assessed whether the proposed changes in pay and conditions would result in employees being better off overall. Additionally, the tribunal evaluated the negotiation process to ensure it was conducted in good faith, with both parties engaging in a genuine attempt to reach an agreement. The tribunal considered submissions from both parties and any relevant evidence provided.

In its decision, the tribunal found that the agreement met the better off overall test and was negotiated in good faith. The tribunal concluded that the proposed changes in the agreement would result in employees being better off overall, despite some reductions in certain conditions. The tribunal also found that the negotiation process was conducted appropriately, with both parties acting in good faith. Consequently, the tribunal approved the Cleanaway (Resource Recovery) Ford Enterprise Agreement 2013. This decision allows the agreement to be implemented, providing a new framework for the employment conditions of the relevant workers.

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