DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elgas Limited
(AG2016/6975)

ELGAS LIMITED, TWU ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2017

Application for approval of the Elgas Limited, TWU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elgas Limited, TWU Enterprise Agreement 2016 (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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Elgas Limited, an entity responsible for the supply of natural gas in Western Australia, sought approval for its Enterprise Agreement with the Transport Workers Union for the year 2016. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal. The dispute centred around whether the proposed agreement complied with the necessary legal standards and if it provided fair terms for the employees involved.

The primary legal issues the court had to resolve were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable in terms of the employees' working conditions and entitlements. The court examined the provisions of the agreement, particularly those relating to wages, hours of work, and other conditions, to determine if they were in accordance with the legislative framework and if they provided adequate protections for the employees.

In its decision, the court found that the agreement largely met the statutory requirements and was fair and reasonable. The court noted that the agreement provided for a structured wage progression, adequate leave provisions, and other employee protections that were in line with the prevailing industry standards. The court was satisfied that the agreement would not disadvantage the employees and thus approved the application for the agreement's registration. The court's approval means that the agreement can now be enforced as a binding contract between Elgas Limited and the Transport Workers Union.

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