CTC Terminals Pty Ltd t/a Newcastle Agri Terminal

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved CTC Terminals Pty Ltd, trading as Newcastle Agri Terminal, which sought approval of the Newcastle Agri Terminal Enterprise Agreement 2024. The dispute centred on the terms and conditions of employment for employees within the organisation and whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with evaluating the proposed agreement to ensure it complied with the statutory obligations concerning fair and equitable terms of employment, including considerations of pay, conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement satisfied the criteria for "direct" and "indirect" approval under the Fair Work Act, and whether it met the good faith bargaining requirements. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the necessary minimum entitlements, and if it provided for a fair and effective dispute resolution process. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of both employers and employees, ensuring it did not unfairly disadvantage any party.

In its decision, the Commission examined the contents of the proposed agreement against the statutory framework and found that it met the requirements for good faith bargaining and contained the necessary minimum entitlements. The Commission noted that the agreement included provisions for pay, conditions, and dispute resolution that were fair and reasonable. It found that the agreement appropriately balanced the interests of both employers and employees, ensuring it did not unfairly disadvantage any party. As a result, the Commission approved the Newcastle Agri Terminal Enterprise Agreement 2024, deeming it to be compliant with the legislative requirements.

The final orders of the Commission were to approve the Newcastle Agri Terminal Enterprise Agreement 2024, which was to be registered with the Fair Work Commission. The agreement was to come into effect from the date of registration, and all employees covered by the agreement were to be bound by its terms. The Commission also directed that any future disputes arising from the agreement be resolved in accordance with the dispute resolution processes outlined within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established