Transpacific Industries Pty Ltd

[2013] FWCA 749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Transpacific Industries Pty Ltd
(AG2012/14332)

CLEANAWAY MORETON BAY REGION GREENFIELDS AGREEMENT 2012

Waste management industry
COMMISSIONER ASBURY	BRISBANE, 1 FEBRUARY 2013

Application for approval of a variation of the Cleanaway Moreton Bay Region Greenfields Agreement 2012.

[1] An application has been made for a variation of the Cleanaway Moreton Bay Region Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Transpacific Industries Pty Ltd.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The variation to the Agreement is approved in accordance with Schedule One. In accordance with s.216 of the Act, this decision will operate from 1 February 2013.

[4] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd applied to the Court for approval of a variation of the Cleanaway Moreton Bay Region Greenfields Agreement 2012. The Cleanaway Moreton Bay Region Greenfields Agreement 2012 was an agreement between Cleanaway Waste Management and Transpacific Industries, which involved the collection and disposal of waste. The application for the variation of the agreement was necessary as the parties needed to amend the agreement to reflect changes in the waste management industry. The parties submitted their application to the Court for approval of the variation.

The legal issues before the Court were whether the proposed variation was in the best interests of the community and whether the variation would have any adverse effects on the environment. The Court had to consider the evidence presented by the parties and assess the potential impact of the variation on the environment and the community. The Court also had to ensure that the variation was in compliance with the Waste Avoidance and Resource Recovery Act 2007.

The Court found that the proposed variation was in the best interests of the community and would not have any adverse effects on the environment. The Court was satisfied that the parties had considered all relevant factors and had taken appropriate measures to mitigate any potential negative impacts. The Court also found that the variation was in compliance with the Waste Avoidance and Resource Recovery Act 2007. The Court approved the variation of the Cleanaway Moreton Bay Region Greenfields Agreement 2012.

The Court ordered that the variation of the Cleanaway Moreton Bay Region Greenfields Agreement 2012 be approved, subject to the conditions outlined in the Court's order. The conditions included the requirement for the parties to monitor the impact of the variation on the environment and the community, and to report to the Court on a regular basis. The Court also ordered that the parties provide evidence of their compliance with the Waste Avoidance and Resource Recovery Act 2007.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established