Transpacific Industries Pty Ltd

[2013] FWCA 6661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/8588)

TRANSPACIFIC INDUSTRIAL SOLUTIONS NORTHERN NEW SOUTH WALES ENTERPRISE AGREEMENT 2013

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

Application for approval of the Transpacific Industrial Solutions Northern New South Wales Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Northern New South Wales 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 Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] 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 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, an employer, applied for the approval of the Transpacific Industrial Solutions Northern New South Wales Enterprise Agreement 2013, which was negotiated with the Maritime Union of Australia. The application was made under section 186 of the Fair Work Act 2009. The Fair Work Commission was the court that heard the application.

The primary legal issue the court had to decide was whether the agreement met the requirements for registration under section 173 of the Act. Specifically, the court needed to determine if the agreement had been fairly made, was in writing, and contained provisions for the rights, obligations, and duties of the parties. Another key issue was whether the agreement contained all the terms required by the Act, such as minimum wages and conditions, and if it met the 'better-off-overall test'.

The court found that the agreement was fairly made and contained all the required provisions. It was also in writing and included all necessary terms. The court was satisfied that the agreement met the better-off-overall test, as the union had concluded that members would be better off with the agreement than without it. The court approved the agreement, emphasising the importance of the agreement being beneficial for the employees overall.

The court ordered that the Transpacific Industrial Solutions Northern New South Wales Enterprise Agreement 2013 be approved and registered under section 174 of 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