Transpacific Industries Pty Ltd

[2013] FWCA 2078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/5712)

NATIONWIDE OIL - VEHICLE OPERATORS - SOUTHERN REGION ENTERPRISE AGREEMENT 2013

Waste management industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 APRIL 2013

Application for approval of the Nationwide Oil - Vehicle Operators - Southern Region Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Nationwide Oil - Vehicle Operators - Southern Region 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 Transport Workers’ Union of Australia (TWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 4 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 April 2013. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Transpacific Industries Pty Ltd, on behalf of Nationwide Oil, and the United Voice Union of Australia, representing the employees in the Southern Region Vehicle Operators sector. The dispute centred on the application for the approval of the Nationwide Oil - Vehicle Operators - Southern Region Enterprise Agreement 2013, a proposed agreement aimed at governing the employment conditions of the employees. The case was heard and determined by the Fair Work Commission of Australia.

The legal issues that needed to be addressed in this case revolved around the validity of the proposed agreement and its compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement met the necessary criteria for approval, such as being free from prohibited content, and ensuring it provided for the safety and health of the employees, as well as fair and equitable terms and conditions. Furthermore, the court had to determine whether the agreement had been genuinely negotiated between the employer and the union and whether it had received the necessary support from the employees.

The Fair Work Commission concluded that the proposed Nationwide Oil - Vehicle Operators - Southern Region Enterprise Agreement 2013 was compliant with the relevant provisions of the Fair Work Act 2009. The court found that the agreement contained no prohibited content and provided for the safety, health, and fair terms and conditions of the employees. Furthermore, it was evident that the agreement had been genuinely negotiated between the employer and the union, and it had received the necessary support from the employees through a ballot process. Consequently, the court approved the proposed enterprise agreement, finding it to be in the best interests of the employees, the employer, and the industry as a whole.

As a result of the court's decision, the Nationwide Oil - Vehicle Operators - Southern Region Enterprise Agreement 2013 was approved and became legally binding on both the employer and the employees. This decision ensured that the proposed agreement would govern the employment conditions of the employees, providing a fair and equitable framework for their working lives within the Southern Region Vehicle Operators sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established