DECISION

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

Elgas Limited
(AG2021/64)

ELGAS LIMITED PLANT OPERATORS DANDENONG BULK TERMINAL – TWU WORKPLACE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2021

Application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2020.

[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 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elgas Limited. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] On the basis of the material contained in the application and accompanying 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.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] 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.

[6] The Agreement was approved on 22 February 2021 and, in accordance with s.54, will operate from 1 March 2021. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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ANNEXURE A-

CaseChat Overview and Summary

The case involves Elgas Limited, a company involved in the gas industry, and the Transport Workers Union (TWU). Elgas sought approval for a workplace agreement from 2020, specifically concerning plant operators at the Dandenong Bulk Terminal. This application was heard by the Fair Work Commission, which has jurisdiction over workplace relations and employment matters in Australia. The TWU contested the application, raising concerns about the terms and conditions of the proposed agreement.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees. This included scrutinising the agreement's provisions regarding wages, working conditions, dispute resolution mechanisms, and other employment-related matters. The Commission had to ensure that the agreement did not undermine the rights and protections afforded to employees under Australian labour laws.

In its decision, the Fair Work Commission examined the details of the proposed agreement and the submissions from both Elgas and the TWU. The Commission found that the agreement generally met the statutory requirements and provided fair terms for the employees. It considered the balance of the agreement, the bargaining positions of the parties, and the overall fairness of the terms proposed. Consequently, the Commission approved the agreement, allowing it to be implemented by Elgas at the Dandenong Bulk Terminal.

The final orders of the Commission approved the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2020. The agreement is now in effect, governing the terms and conditions of employment for the relevant plant operators. This decision ensures that the workplace agreement is legally compliant and adequately protects the interests of both the employer and the employees.

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