GrainCorp Liquid Terminals Australia Pty Ltd

[2014] FWCA 2840

FAIR WORK COMMISSION

DECISION

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

GrainCorp Liquid Terminals Australia Pty Ltd
(AG2014/5779)

GRAINCORP LIQUID TERMINALS AUSTRALIA PTY LTD COODE ISLAND OPERATIONS ENTERPRISE AGREEMENT 2014-2017

Storage services
COMMISSIONER ROE	MELBOURNE, 30 APRIL 2014

Application for approval of the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GrainCorp Liquid Terminals Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2014. The nominal expiry date of the Agreement is 1 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

GrainCorp Liquid Terminals Australia Pty Ltd sought approval of an enterprise agreement with its employees in the Coode Island Operations. The Fair Work Commission heard the application for approval, considering whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute arose from the proposed terms of the agreement, which the applicant sought to have recognised as binding on the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission needed to determine if the agreement was made in good faith, whether it provided for proper workplace arrangements, and if it met the disclosure and consultation requirements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the broader community.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and provided for appropriate workplace arrangements. It was also determined that the disclosure and consultation requirements had been met. The Commission concluded that the agreement was in the best interests of the employees and the broader community, and thus, approved the application for the enterprise agreement.

The Fair Work Commission approved the GrainCorp Liquid Terminals Australia Pty Ltd Coode Island Operations Enterprise Agreement 2014-2017. The approval was granted on the basis that the agreement complied with the procedural and substantive requirements of the Fair Work Act. The Commission found that the agreement was made in good faith, provided for proper workplace arrangements, and met the disclosure and consultation requirements. The agreement was also deemed to be in the best interests of the employees and the broader community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established