Transpacific Industries Pty Ltd T/A Transpacific Industrial Solutions

[2013] FWCA 523

FAIR WORK COMMISSION

DECISION

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

Transpacific Industries Pty Ltd T/A Transpacific Industrial Solutions
(AG2012/14202)

CLEANAWAY CAIRNS, MT ISA & WEIPA REGION ENTERPRISE AGREEMENT 2012

Water, sewerage and drainage services
COMMISSIONER BOOTH	BRISBANE, 22 JANUARY 2013

Application for approval of the Cleanaway Cairns, Mt Isa & Weipa Region Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Cleanaway Cairns, Mt Isa & Weipa Region Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transpacific Industries Pty Ltd T/A Transpacific Industrial Solutions.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it 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 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 1 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, trading as Transpacific Industrial Solutions, applied for approval of the Cleanaway Cairns, Mt Isa & Weipa Region Enterprise Agreement 2012, which was to cover employees in the Cairns, Mount Isa and Weipa regions. The application was brought before the Fair Work Commission (FWC), which was required to determine whether the agreement was suitable for approval under the Fair Work Act 2009. The legal issues before the FWC were whether the agreement met the requirements of the Act, including the "better off overall test" (BOOT) and whether the agreement had been genuinely negotiated. The FWC considered the submissions of the parties and the evidence presented, including the process of negotiation and the terms of the agreement. The FWC found that the agreement had been genuinely negotiated and met the BOOT, as it provided for improved wages and conditions for employees. The FWC approved the agreement, noting that it provided for a fair and reasonable outcome for both employers and employees. The approval of the agreement was an important step in providing for improved industrial relations in the Cairns, Mount Isa and Weipa regions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established