Transpacific Industries Pty Ltd

[2013] FWCA 6662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/8636)

TRANSPACIFC INDUSTRIAL SOLUTIONS MT ISA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Transpacific Industrial Solutions Mt Isa Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Mt Isa Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 6 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement, proposed for its Mt Isa employees, was challenged by the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval. The primary legal issues centred around whether the agreement was made in good faith and whether it contained all the required terms, including those mandated by the Fair Work Act. The Commission had to assess if the agreement adhered to the statutory requirements and if it was fairly negotiated and presented to the employees.

The Commission examined the negotiation process and the content of the agreement to determine if it met the legal criteria. It considered whether the agreement was made without coercion, duress, or any other unfair labour practice. Additionally, the Commission assessed whether the agreement contained all necessary terms, such as those relating to wages, hours of work, and other conditions of employment, as required by the Fair Work Act. The Commission also evaluated if the agreement complied with the process requirements, including the provision of a copy of the proposed agreement to the employees and any relevant union.

After careful consideration, the Commission found that the agreement was made in good faith and contained all the required terms. It concluded that the negotiation process was fair and that the agreement met the statutory requirements for approval. The Commission determined that the agreement complied with the Fair Work Act and was therefore eligible for registration. The application for approval of the Transpacific Industrial Solutions Mt Isa Enterprise Agreement 2013 was subsequently granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established