Dalrymple Bay Coal Terminal Pty Ltd Summary

[2014] FWCA 2436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dalrymple Bay Coal Terminal Pty Ltd
(AG2014/5161)

DALRYMPLE BAY COAL TERMINAL PTY LTD BULK HANDLING ENTERPRISE AGREEMENT 2014

Coal export terminals
COMMISSIONER CLOGHAN	PERTH, 10 APRIL 2014

Application for approval of the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2014.

[1] On 2 April 2014, Dalrymple Bay Coal Terminal Pty Ltd made application for approval of a single enterprise agreement to be known as the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 20 March 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union (AWU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have declared that the AWU, AMWU and CEPU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU, AMWU and CEPU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the AWU, AMWU and CEPU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 April 2014.

[7] The nominal expiry date of this Agreement is 17 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dalrymple Bay Coal Terminal Pty Ltd, sought approval of a new enterprise agreement. The respondent, the Transport Workers Union, opposed the application. The Fair Work Commission was the forum for this dispute. The central issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was made in good faith and whether it provided for fair and reasonable terms. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith, and that it provided for reasonable terms and conditions. The respondent contended that the agreement was not made in good faith and did not provide for fair and reasonable terms.

The Commission found that the agreement was made in good faith, as evidenced by the negotiation process. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both parties. The Commission concluded that the agreement met the requirements of the Fair Work Act and approved the application. The Commission emphasised the importance of good faith negotiations and fair terms in enterprise agreements, as well as the role of the Commission in ensuring compliance with the Act. The Commission approved the application, and the Dalrymple Bay Coal Terminal Pty Ltd Bulk Handling Enterprise Agreement 2014 is now in effect.

Dalrymple Bay Coal Terminal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established