DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Caltex Australia Petroleum Pty Ltd
(AG2017/2212)

CALTEX TERMINALS - NATIONAL UNION OF WORKERS - TERMINAL OPERATORS’ AGREEMENT 2017

Oil and gas industry
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2017

Application for approval of the Caltex Terminals - National Union of Workers - Terminal Operators’ Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Caltex Terminals – National Union of Workers – Terminal Operators’ Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Caltex Australia Petroleum Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers (NUW) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Caltex Australia Petroleum Pty Ltd applied to the Fair Work Commission for the approval of the Caltex Terminals – National Union of Workers – Terminal Operators’ Agreement 2017. The National Union of Workers sought to have the agreement approved, while the Transport Workers Union argued against its approval. The dispute centred on the scope and fairness of the agreement, particularly concerning the roles and conditions of terminal operators. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it provided for the proper regulation of employment terms and conditions, and whether it met the procedural requirements for approval. The Commission had to consider if the agreement was fairly negotiated, if it appropriately balanced the interests of both parties, and if it adhered to the procedural standards set out in the Fair Work Act. Additionally, the Commission examined if the agreement provided adequate protections for employees and if it was consistent with the objectives of the Act.

The Commission found that the agreement was genuinely negotiated and balanced the interests of both parties. It determined that the agreement met the procedural requirements and provided for the proper regulation of employment terms and conditions. The Commission held that the agreement was fair and appropriate, taking into account the specific context of the industry and the roles of terminal operators. The Commission approved the agreement, emphasising its alignment with the objectives of the Fair Work Act and its benefit to both employees and employers.

The Fair Work Commission approved the Caltex Terminals – National Union of Workers – Terminal Operators’ Agreement 2017, finding it to be a genuine enterprise agreement that appropriately regulated employment terms and conditions. The Commission's decision highlighted the agreement's procedural integrity, fairness, and alignment with the Fair Work Act. The approval of the agreement was seen as a positive outcome for both the employer and the employees, ensuring balanced and fair employment practices within the industry.

Caltex Australia Petroleum 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