Transpacific Industries Pty Ltd T/A Transpacific Summary

[2014] FWCA 8284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transpacific Industries Pty Ltd T/A Transpacific
(AG2014/9352)

CLEANAWAY KATHERINE DEPOT ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Cleanaway Katherine Depot Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cleanaway Katherine Depot Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 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 ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Transport Workers Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 8 December 2014. The nominal expiry date of the Agreement is 23 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transpacific Industries Pty Ltd, trading as Transpacific, applied to the Fair Work Commission for approval of the Cleanaway Katherine Depot Enterprise Agreement 2014. The application followed a decision by the Fair Work Commission to reject the agreement on the basis that it was inconsistent with section 233 of the Fair Work Act 2009, as the agreement failed to provide for the resolution of enterprise disputes.

The legal issue before the Full Bench of the Fair Work Commission was whether the enterprise agreement complied with the requirements of section 233 of the Fair Work Act. This section mandates that an enterprise agreement must include provisions for the resolution of enterprise disputes, which is a fundamental aspect of maintaining fair industrial relations. The Full Bench needed to determine whether the agreement, as amended, sufficiently addressed the dispute resolution mechanism required by law.

The Full Bench found that the amended agreement did provide for the resolution of enterprise disputes as required by section 233 of the Fair Work Act. The agreement included provisions for the resolution of disputes, which were deemed sufficient by the Commission. Consequently, the Full Bench approved the amended agreement, recognising that it met the legislative requirements for dispute resolution. The Full Bench's decision was based on the understanding that the agreement, following its amendment, provided a clear and adequate mechanism for resolving enterprise disputes, thereby satisfying the statutory requirements.

Transpacific Industries Pty Ltd T/A Transpacific

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established