Transpacific Industries Pty Ltd Summary

[2013] FWCA 1170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd
(AG2013/5002)

TRANSPACIFIC INDUSTRIAL SOLUTIONS SHELL REFINERY - GEELONG ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 20 FEBRUARY 2013

Application for approval of the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185(1A) of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd. The Agreement is a single-enterprise greenfields agreement

[2] I am satisfied that each of the requirements of ss.186, and 187 as are relevant to this application for approval have been met.

[3] In accordance with s.187(5) of the Act I am satisfied that The Australian Workers’ Union (AWU), the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of employees to be covered by the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement was approved in Chambers on 20 February 2013 and, in accordance with s.54 of the Act, will operate from 27 February 2013. The nominal expiry date of the Agreement is 30 June 2014.

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 Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013. The applicant sought approval of the agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of the applicant company, specifically those at its Geelong refinery, and the negotiation of an enterprise agreement.

The central legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to determine if the agreement was made in good faith and if the necessary bargaining processes were followed. Substantively, the Commission had to ensure the agreement did not adversely affect employees' rights or entitlements and met the 'better off overall test'. This test requires that the agreement provides employees with at least the same conditions as those provided under the applicable award or safety net.

The Commission found that the agreement was made in good faith and followed the necessary bargaining processes. It was also satisfied that the agreement met the better off overall test, ensuring employees would not be worse off by being covered by the agreement than they would be under the applicable award. Additionally, the Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and did not adversely affect employees' rights or entitlements. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Transpacific Industrial Solutions Shell Refinery - Geelong Enterprise Agreement 2013 be approved and registered under section 231 of the Fair Work Act 2009. This approval means that the terms of the agreement will govern the employment conditions for the employees at the Geelong refinery from the date of registration.

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