Elgas Limited

[2024] FWCA 4469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elgas Limited

(AG2024/4446)

ELGAS LIMITED PLANT OPERATORS DANDENONG BULK TERMINAL - TWU WORKPLACE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 13 DECEMBER 2024

Application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2024

Elgas Limited has applied for approval of a single enterprise agreement known as the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elgas Limited applied to the Fair Work Commission for approval of a workplace agreement. The agreement related to plant operators working at the Dandenong Bulk Terminal. The Australian Council of Trade Unions (ACTU) lodged an objection to the application, contending that the proposed agreement was not in the best interests of the employees. The Fair Work Commission considered the application and objection.

The legal issues centred on whether the proposed workplace agreement was in the best interests of the employees, and whether it complied with relevant provisions of the Fair Work Act 2009. In assessing these issues, the Commission examined the terms of the proposed agreement, the views of the employees, and the arguments of the parties. The Commission also considered relevant precedents and the broader principles of workplace relations.

The Commission found that the proposed agreement was in the best interests of the employees. The agreement provided for reasonable terms and conditions of employment, including pay rates and other benefits. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The objection raised by the ACTU was rejected. The Commission approved the application and the agreement was registered.

The Commission made an order approving the application for registration of the workplace agreement. The agreement was to be in effect from 1 January 2024 and was to remain in force for a period of five years. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established