Transpacific Industries Pty Ltd

[2013] FWCA 4729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/7431)

TRANSPACIFIC TECHNICAL SERVICES HOMEBUSH - PLANT OPERATORS ENTERPRISE AGREEMNT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 16 JULY 2013

Application for approval of the Transpacific Technical Services Homebush - Plant Operators Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Technical Services Homebush - Plant Operators 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2013. The nominal expiry date will be 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Transpacific Industries Pty Ltd, the Fair Work Commission was called upon to approve the Transpacific Technical Services Homebush - Plant Operators Enterprise Agreement 2013. The dispute arose between Transpacific Industries Pty Ltd and the Australian Manufacturing Workers' Union, the latter representing the interests of several plant operators employed by the former. The primary issue was whether the enterprise agreement met the legal standards set out in the Fair Work Act 2009, particularly concerning the procedural fairness and the rights of employees.

The central legal issue before the Commission was whether the agreement was made in accordance with the procedural fairness requirements stipulated by the Fair Work Act. The Commission needed to determine if the agreement was genuinely negotiated, if it included provisions that were procedurally fair to all parties, and if it complied with the specific provisions of the Act regarding enterprise agreements. Additionally, the Commission had to assess if the agreement covered all necessary matters and if it was appropriate to make the order sought by the applicant.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement was indeed negotiated in a procedurally fair manner and met all the necessary requirements under the Act. The Commission acknowledged the efforts of both parties in reaching the agreement and concluded that it adequately covered all mandatory matters and contained provisions that were fair and reasonable. Consequently, the application for approval of the enterprise agreement was granted. The Commission's decision was based on the comprehensive negotiation process, the fairness of the terms, and the compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established