DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTC Terminals Pty Ltd T/A CTC Terminals
(AG2016/7164)

NEWCASTLE AGRI TERMINAL ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Newcastle Agri Terminal Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Newcastle Agri Terminal Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTC Terminals Pty Ltd T/A CTC Terminals. 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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CTC Terminals Pty Ltd trading as CTC Terminals, sought approval of the Newcastle Agri Terminal Enterprise Agreement 2016. The applicant argued that the agreement should be approved as it met the necessary criteria under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the primary focus on whether the agreement was in the interests of the employees and the broader public.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements under the Fair Work Act 2009. This included determining if there was genuine bargaining between the parties, if the agreement covered all mandatory topics, and if it met the "better off overall test" (BOOT). The Commission also needed to consider if the agreement was in the public interest and aligned with national system objectives.

The Fair Work Commission found that the agreement had been genuinely bargained and covered all mandatory topics. The Commission was satisfied that the agreement met the better off overall test, as it provided employees with reasonable conditions of employment and improved terms and conditions over existing agreements. Furthermore, the Commission considered that the agreement was in the public interest and aligned with the national system objectives. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Newcastle Agri Terminal Enterprise Agreement 2016, effective from 1 April 2016. The agreement was deemed to be in the interests of the employees and the broader public, and it was certified as a registered agreement under the Fair Work Act 2009.

CTC Terminals Pty Ltd T/A CTC Terminals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established