DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd
(AG2019/3019)

TERMINALS PTY LTD (GEELONG) - NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2018

[1] Davidson Workplace Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act) in their capacity as a bargaining representative for the employer bound by the Agreement. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 National Union of Workers, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 September 2019 and, in accordance with s 54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Davidson Workplace Solutions Pty Ltd, sought approval of the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2018. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion. The applicant argued that the agreement was necessary to reflect changes in the operational environment and to address specific workplace issues.

The legal issues before the Commission included whether the agreement covered all relevant employees, if it contained provisions that were consistent with the Fair Work Act, and if it was made in accordance with the relevant industrial relations principles. A critical issue was also whether the agreement adequately protected the rights of employees and reflected their needs. The Commission had to balance the applicant’s need for flexibility with the union's advocacy for employee protections.

In considering these issues, the Commission examined the process by which the agreement was negotiated and the evidence provided by both parties. It evaluated the fairness of the terms proposed, including the provisions on wages, hours of work, and dispute resolution mechanisms. The Commission also assessed if the agreement complied with the "better off overall test" and if it was made in good faith, free from any form of coercion. Ultimately, the Commission found that the agreement met the statutory requirements and was in the best interests of the employees, given the evidence of consultation and the fair representation of both parties' interests.

The Commission approved the Terminals Pty Ltd (Geelong) - National Union of Workers Enterprise Agreement 2018, noting that it was made in good faith and without coercion, and that it met the better off overall test. The agreement was deemed to be fair and reasonable, providing a balanced approach to the needs of both the employer and the employees.

Davidson Workplace Solutions 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