Transpacific Industries Pty Ltd

[2013] FWCA 6062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/7680)

NATIONWIDE OIL WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 AUGUST 2013

Application for approval of the Nationwide Oil Western Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Oil Western Australia 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.

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.

[2] 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.

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

[4] 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 applied for approval of the Nationwide Oil Western Australia Enterprise Agreement 2013 before the Fair Work Commission. The application followed a ballot of Nationwide Oil's employees, in which the proposed agreement was approved by the necessary majority. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009 because it failed to include provisions for adequate consultation and resolution of disputes.

The central legal issue before the Commission was whether the agreement adequately provided for the consultation and resolution of disputes between the employer and employees. The Commission examined the provisions of the agreement in light of the statutory requirements set out in the Fair Work Act 2009. It was necessary to determine whether the agreement contained sufficient mechanisms for consultation and dispute resolution, as mandated by the legislation.

The Commission found that the agreement included provisions for consultation and dispute resolution that were consistent with the requirements of the Fair Work Act 2009. It concluded that the mechanisms provided in the agreement were sufficient to meet the legislative standards. The Commission approved the application, finding that the agreement met the necessary criteria for approval under the Act. The application was thus successful, and the agreement was approved for operation.

The Fair Work Commission approved the Nationwide Oil Western Australia Enterprise Agreement 2013, finding that it contained adequate provisions for consultation and dispute resolution. The Commission held that the agreement met the legislative standards and was thus approved for operation. The applicant was directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established