Elgas Limited T/A Elgas Limited

[2024] FWCA 4248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Elgas Limited T/A Elgas Limited

(AG2024/4351)

ELGAS LIMITED, TWU ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER P RYAN	SYDNEY, 2 DECEMBER 2024

Application for approval of the Elgas Limited, TWU Enterprise Agreement 2024

Elgas Limited (Employer) has made an application for approval of an enterprise agreement known as the Elgas Limited, TWU Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the
TWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 2 December 2028.

COMMISSIONER

Annexure A

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of a proposed enterprise agreement between Elgas Limited and its employees represented by the Transport Workers Union (TWU). Elgas Limited, an entity operating in the energy sector, sought to formalise a new set of employment terms with its workforce. The proposed agreement, referred to as the Elgas Limited, TWU Enterprise Agreement 2024, encompassed a variety of issues including wages, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission needed to address involved whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. This included verifying that the agreement was genuinely negotiated between the parties, that the agreement did not disadvantage employees in terms of pay and conditions, and that it contained appropriate dispute resolution processes. Additionally, the Commission had to assess whether the agreement included all the mandatory terms specified by the Act and whether it adhered to the good faith bargaining principles.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the terms of the agreement. The Commission found that the proposed agreement had been negotiated in good faith and that it included all the mandatory terms as required by the Fair Work Act. The Commission also determined that the agreement did not disadvantage employees and contained fair and effective dispute resolution mechanisms. Consequently, the Commission concluded that the agreement met all necessary legal criteria for approval. The Commission approved the Elgas Limited, TWU Enterprise Agreement 2024, thereby formalising the new terms of employment between the parties.

The final orders of the Commission included the approval of the Elgas Limited, TWU Enterprise Agreement 2024, effective from the date of the Commission's decision. This decision will govern the employment terms between Elgas Limited and its workforce represented by the Transport Workers Union, providing clarity and stability in the employer-employee relationship moving forward. The approval is subject to the terms and conditions specified in the agreement and the continuing obligations of the parties under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established