DECISION

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

Transpacific Industries Pty Ltd T/A Transpacific Industries Pty Ltd
(AG2015/7819)

TRANSPACIFIC CLEANAWAY SOUTH AUSTRALIA WORKSHOP ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER HAMPTON	ADELAIDE, 7 JANUARY 2016

Application for approval of the Transpacific Cleanaway South Australia Workshop Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Cleanaway South Australia Workshop Enterprise Agreement 2015 (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 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 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) – Vehicle Division, 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 14 January 2016. The nominal expiry date of the Agreement is 6 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, trading as Transpacific Industries, applied to the Fair Work Commission for approval of the Transpacific Cleanaway South Australia Workshop Enterprise Agreement 2015. The dispute centred around whether the proposed agreement met the criteria for registration under the Fair Work Act 2009. The Fair Work Commission, specifically the Full Bench, was tasked with assessing the application.

The key legal issues involved whether the agreement complied with the mandatory requirements of the Fair Work Act, including the provisions relating to employee representation, dispute resolution, and other terms and conditions. Additionally, the Commission needed to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement substantially complied with the requirements of the Act. The agreement was deemed to be made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement included appropriate mechanisms for employee representation and dispute resolution, and that it met the other statutory criteria for approval.

The Fair Work Commission approved the Transpacific Cleanaway South Australia Workshop Enterprise Agreement 2015, allowing it to be registered and enforceable under the Fair Work Act.

Transpacific Industries Pty Ltd T/A Transpacific Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established