DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd
(AG2017/1722)

TERMINALS PORT BOTANY BULK LIQUID ENTERPRISE AGREEMENT 2016-2020

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 26 MAY 2017

Application for approval of the Terminals Port Botany Bulk Liquid Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Port Botany Bulk Liquid Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2017. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Davidson Workplace Solutions Pty Ltd, who were the employers, and various unions representing the employees. The dispute centred around the approval of the Terminals Port Botany Bulk Liquid Enterprise Agreement 2016-2020. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement in question met the requirements of section 232 of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in the course of a genuine enterprise bargaining process, and if it contained the necessary "protected action" provisions. Additionally, the court had to consider if the agreement provided for adequate minimum rates of pay and conditions for the employees.

The court examined the evidence presented and found that the agreement had indeed been made through a genuine enterprise bargaining process. The court was satisfied that the agreement contained the necessary "protected action" provisions, which ensured that employees could not be disadvantaged for participating in the bargaining process. Furthermore, the court confirmed that the agreement provided for adequate minimum rates of pay and conditions for the employees. Based on these findings, the court approved the Terminals Port Botany Bulk Liquid Enterprise Agreement 2016-2020.

As a result of the court's decision, the Terminals Port Botany Bulk Liquid Enterprise Agreement 2016-2020 was approved and became legally binding on the parties involved. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement, until a new agreement was made or until the existing agreement expired.

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