Transpacific Industries Pty Ltd Summary

[2013] FWCA 6818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/8698)

TRANSPACIFIC INDUSTRIAL SOLUTIONS PILBARA REGION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 SEPTEMBER 2013

Application for approval of the Transpacific Industrial Solutions Pilbara Region Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Pilbara Region Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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, 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) of the Act I note that the Agreement covers the organisation.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval for the Transpacific Industrial Solutions Pilbara Region Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms of the agreement and whether it met the necessary legal requirements for endorsement. The Fair Work Commission was tasked with examining the agreement to determine if it complied with the relevant provisions of the Fair Work Act 2009. The key legal issues revolved around whether the agreement provided for minimum terms and conditions, dealt with redundancy entitlements, and whether the bargaining process was conducted fairly and in good faith.

The Commission began by assessing the agreement against the statutory requirements outlined in the Fair Work Act. It examined whether the agreement provided for minimum terms and conditions as per section 235 of the Act and whether it covered the appropriate bargaining unit. The Commission also evaluated if the agreement contained clauses that addressed redundancy entitlements in compliance with the legislative standards. Furthermore, the Commission considered whether the negotiation process adhered to the principles of good faith bargaining and whether the agreement was made in a manner consistent with the Act.

Upon review, the Commission found that the agreement satisfied the statutory requirements for minimum terms and conditions. It was determined that the agreement appropriately covered the designated bargaining unit and contained provisions addressing redundancy entitlements in line with the Act. The Commission was satisfied that the bargaining process was conducted in good faith, with all necessary procedural requirements being met. Consequently, the Commission approved the Transpacific Industrial Solutions Pilbara Region Enterprise Agreement 2013, finding it to be compliant with the Fair Work Act. The decision concluded with the endorsement of the agreement, which now legally binds the parties involved.

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