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
(AG2015/7762)

TRANSPACIFIC CLEANAWAY MOUNT GAMBIER OPERATIONS ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER HAMPTON	ADELAIDE, 11 JANUARY 2016

Application for approval of the Transpacific Cleanaway Mount Gambier Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transpacific Cleanaway Mount Gambier Operations 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 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 18 January 2016. The nominal expiry date of the Agreement is 10 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Transpacific Industries Pty Ltd, trading as Transpacific Industries, applied for the approval of the Transpacific Cleanaway Mount Gambier Operations Enterprise Agreement 2015. This application was brought about as part of the process to formalise the terms and conditions of employment for workers at the Mount Gambier operations of the company, following negotiations between the employer and the union representing the employees. The dispute centred around the terms and conditions set out in the proposed agreement and whether they complied with the relevant industrial legislation.

The primary legal issues the Commission needed to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for the minimum entitlements and protected certain bargaining rights. The Commission also had to determine if the agreement was made in good faith and if it had been properly negotiated. Furthermore, the Commission examined whether the agreement adequately covered the specified bargaining unit and if it complied with any relevant national employment standards.

After reviewing the evidence and submissions from both parties, the Commission found that the Transpacific Cleanaway Mount Gambier Operations Enterprise Agreement 2015 did indeed meet the statutory requirements. The Commission determined that the agreement was made in good faith and was the product of proper negotiations. It was also found to adequately cover the specified bargaining unit and complied with all relevant national employment standards. Consequently, the Commission approved the agreement, and it became a legally binding contract between the employer and the employees covered by the agreement.

The Fair Work Commission approved the Transpacific Cleanaway Mount Gambier Operations Enterprise Agreement 2015, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement are now legally enforceable between the employer and the employees within the specified bargaining unit. The agreement will govern the employment conditions for the employees until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act 2009.

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