Transport Personnel Pool Pty Ltd Summary

[2013] FWCA 1796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Personnel Pool Pty Ltd
(AG2013/5625)

TRANSPORT PERSONNEL POOL PTY LTD - MADDINGLEY BROWN COAL ENTERPRISE AGREEMENT 2012

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 22 MARCH 2013

Application for approval of the Transport Personnel Pool Pty Ltd - Maddingley Brown Coal Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Transport Personnel Pool Pty Ltd - Maddingley Brown Coal Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transport Personnel Pool Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement was approved in Chambers on 22 March 2013 and, in accordance with s.54 of the Act, will operate from 29 March 2013. The nominal expiry date of the Agreement is 1 October 2013.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Transport Personnel Pool Pty Ltd, sought approval of the Transport Personnel Pool Pty Ltd - Maddingley Brown Coal Enterprise Agreement 2012 from the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009, which empowers the Commission to approve an enterprise agreement if it is satisfied that the agreement is fair and appropriate for the purposes of the Act. The applicant argued that the agreement contained appropriate terms and conditions for the employees and provided for the resolution of any potential disputes.

The central legal issue before the Commission was whether the agreement met the requirements set out in section 233 of the Act, which mandates that an enterprise agreement must be fair and appropriate. The Commission needed to determine whether the agreement provided for fair terms and conditions of employment, was free from coercion and harassment, and resolved disputes fairly and effectively. The Commission also needed to consider whether the agreement met the requirements for good faith bargaining, as outlined in section 174 of the Act.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement contained appropriate terms and conditions of employment and provided for the resolution of any potential disputes in a fair and effective manner. The Commission also found that the agreement was the product of good faith bargaining and met the requirements for approval under section 233 of the Act. As such, the Commission approved the Transport Personnel Pool Pty Ltd - Maddingley Brown Coal Enterprise Agreement 2012. The applicant's application was successful, and the agreement was approved as a registered agreement.

Transport Personnel Pool Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established