CTC Terminals Pty Ltd t/a Newcastle Agri Terminal

[2024] FWCA 3032

[2024] FWCA 3032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CTC Terminals Pty Ltd t/a Newcastle Agri Terminal

(AG2024/2954)

NEWCASTLE AGRI TERMINAL ENTERPRISE AGREEMENT

2024

Storage services
DEPUTY PRESIDENT ROBERTS	SYDNEY, 21 AUGUST 2024

Application for approval of the Newcastle Agri Terminal Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Newcastle Agri Terminal Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the CTC Terminals Pty Ltd t/a Newcastle Agri Terminal (Applicant). The Agreement is a single enterprise agreement. 

1. The Applicant has provided written undertakings. In accordance with s.190(4) of the Act the views of the bargaining representatives for the Agreement were sought. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

1. I note that Clause 1.4 (b) of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. 

1. The Agreement does not contain a delegates’ rights clause as required by s.205A(1). Pursuant to s.201(1A) the workplace delegates’ rights terms prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 August 2027.

DEPUTY PRESIDENT

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