DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elgas Limited
(AG2017/3341)

ELGAS LIMITED PLANT OPERATIONS DANDENONG BULK TERMINAL - TWU WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2017.

[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 2017 (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 Applicant 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] Subject to the undertakings referred to above, and 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, 188 and 190 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 October 2017 and, in accordance with s.54, will operate from 7 November 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Elgas Limited, the employer, and the Transport Workers Union (TWU), the union representing the employees. The dispute centred on the application for approval of the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2017. The matter was heard in the Fair Work Commission, which has jurisdiction over workplace agreements and related matters under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed workplace agreement complied with the statutory requirements of the Fair Work Act, including whether it met the good faith bargaining threshold. This involved examining whether the agreement was made in good faith, whether it contained the essential matters outlined in the Act, and whether it was fair and reasonable. The Commission also considered the implications of the agreement on the employees' rights and entitlements, including any proposed changes to their conditions of employment.

In reaching its decision, the Commission assessed the evidence provided by both parties, including submissions on the process of bargaining and the content of the agreement. It determined that the agreement was made in good faith and contained all the required elements as per the Act. The Commission found that the agreement was fair and reasonable, taking into account the economic context and the interests of both the employer and the employees. Consequently, the Commission approved the agreement, finding it met the statutory requirements and was in the best interests of the employees.

The Fair Work Commission ordered that the Elgas Limited Plant Operators Dandenong Bulk Terminal - TWU Workplace Agreement 2017 be approved and registered. This decision was based on the findings that the agreement was made in good faith, included all essential matters, and was fair and reasonable. The approval of the agreement allows it to be implemented, thereby affecting the terms and conditions of employment for the employees covered by the agreement.

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