Transpacific Industries Pty Ltd

[2013] FWCA 1748

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd
(AG2013/5326)

CLEANAWAY GYMPIE ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ASBURY	BRISBANE, 20 MARCH 2013

Application for approval of the Cleanaway Gympie Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cleanaway Gympie 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] The Agreement is approved and, in accordance with s.54, will operate from 27 March 2013. The nominal expiry date of the Agreement is 20 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd sought approval of the Cleanaway Gympie Enterprise Agreement 2013 in the Fair Work Commission. The agreement sought to govern the employment terms of certain workers employed by Cleanaway in Gympie. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issue before the Commission was whether the agreement was a "registered agreement" within the meaning of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "single interest" enterprise agreement and whether it contained the necessary "protected action" provisions. Additionally, the Commission considered whether the agreement complied with the good faith bargaining requirements.

The Commission found that the agreement was a "single interest" enterprise agreement as it covered employees who were all performing work in the same industry. The Commission also found that the agreement contained the necessary "protected action" provisions, which allowed for the continuation of employment terms and conditions during the period of the agreement. The Commission further determined that the agreement was the product of good faith bargaining, as it was negotiated in an environment free from coercion, undue influence, and reprisals. Based on these findings, the Commission approved the agreement.

The Commission approved the Cleanaway Gympie Enterprise Agreement 2013, finding it to be a "registered agreement" within the meaning of the Fair Work Act. The Commission's decision provides guidance for employers and employees when negotiating enterprise agreements, highlighting the importance of ensuring that agreements meet the requirements of the Act and Regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established