DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elgas Limited
(AG2014/10501)

ELGAS LIMITED PLANT OPERATORS DANDENONG BULK TERMINAL - TWU WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 FEBRUARY 2015

Application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Elgas Limited. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clauses 23.2 and 28.6 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 February 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Elgas Limited applied for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2014, which was to be registered under the Fair Work Act 2009. The application was made by Elgas Limited and the Transport Workers Union of Australia. The Transport Workers Union of Australia opposed the application on several grounds, including that the agreement did not provide for a proper process for handling grievances and disputes. The Fair Work Commission was the court in this case.

The legal issues the court was required to decide included whether the agreement provided for a proper process for handling grievances and disputes, and whether the agreement was otherwise fair and reasonable. The court considered whether the agreement provided for a proper process for handling grievances and disputes, including whether it provided for a reasonable and efficient process for resolving disputes, and whether it provided for appropriate mechanisms for resolving disputes at an early stage. The court also considered whether the agreement was otherwise fair and reasonable, including whether it provided for appropriate terms and conditions of employment, and whether it provided for appropriate protections for employees.

The court found that the agreement provided for a proper process for handling grievances and disputes, and that it was otherwise fair and reasonable. The court found that the agreement provided for a reasonable and efficient process for resolving disputes, including a process for early conciliation and mediation, and a process for final and binding resolution of disputes. The court also found that the agreement provided for appropriate mechanisms for resolving disputes at an early stage, including mechanisms for informal resolution of disputes. The court found that the agreement provided for appropriate terms and conditions of employment, and that it provided for appropriate protections for employees, including protections against unfair dismissal.

The court approved the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2014, and registered it under the Fair Work Act 2009. The court made orders approving the agreement, and directing that it be registered by the Registrar of the Fair Work Commission. The court also made orders setting aside the Transport Workers Union of Australia's opposition to the application.

Elgas Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established