Transpacific Industries Pty Ltd

[2013] FWCA 7228

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2013/9217)

TRANSPACIFIC TECHNICAL SERVICES ORGANICS NEW SOUTH WALES DRIVERS ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Transpacific Technical Services Organics New South Wales Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Technical Services Organics New South Wales 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 ss186, 187 and 188 as are relevant to this application for approval have 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date is three (3) years from the date of approval of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Transpacific Technical Services Organics New South Wales Drivers Enterprise Agreement 2013. The application was opposed by the Transport Workers Union of Australia. The nature of the dispute involved the terms and conditions of employment for drivers employed by Transpacific in the organics collection and disposal industry in New South Wales.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to the "better off overall test" and "good faith" bargaining. The Commission had to determine if the agreement was made in good faith and whether it provided employees with a direct or indirect financial advantage compared to their previous conditions of employment. Further, the Commission examined whether the agreement met the criteria for a "simple" enterprise agreement, which would exempt it from certain procedural requirements.

The Commission found that the agreement was made in good faith and provided employees with a direct financial advantage. The Commission also concluded that the agreement met the criteria for a "simple" enterprise agreement, exempting it from certain procedural requirements. Consequently, the Commission approved the proposed enterprise agreement, finding that it complied with the relevant provisions of the Fair Work Act. The Transport Workers Union of Australia's opposition was dismissed.

The Fair Work Commission approved the Transpacific Technical Services Organics New South Wales Drivers Enterprise Agreement 2013. The Commission's decision was based on its finding that the agreement was made in good faith, provided employees with a direct financial advantage, and met the criteria for a "simple" enterprise agreement. The opposition by the Transport Workers Union of Australia was dismissed, and the agreement was approved as a valid and legally binding instrument under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established