Transpacific Industries Pty Ltd Summary

[2013] FWCA 2699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/6180)

BAXTER (METAL RECYCLING - LATROBE VALLEY & MURRAY VALLEY) ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 2 MAY 2013

Application for approval of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved in Chambers on 2 May 2013 and, in accordance with s.54 of the Act, will operate from 9 May 2013. The nominal expiry date of the Agreement is 1 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Fair Work Commission for approval of the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013. The respondent, United Voice, a trade union, objected to the agreement. The matter was heard by Deputy President D M Whyman who was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary issue before the court was whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act. This involved examining if the agreement had been made in good faith, covered the relevant employees, and complied with the procedural requirements. The court also had to consider if the agreement contained terms that were below the applicable safety net of minimum entitlements.

Deputy President Whyman found that the agreement was genuine and had been made in good faith. The agreement covered the relevant employees and adhered to the procedural requirements. The court further determined that the terms of the agreement did not fall below the safety net of minimum entitlements as provided by the Fair Work Act. Consequently, the Deputy President approved the agreement. The court provided detailed reasoning for its decision, ensuring that all statutory requirements were met and that the agreement was fair and reasonable.

The final orders of the court were that the Baxter (Metal Recycling - Latrobe Valley & Murray Valley) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the terms of the agreement would apply to the relevant employees, providing a legally binding framework for their employment conditions. The decision confirmed the validity of the agreement and set a precedent for similar enterprise agreements in the future.

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