Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co

[2022] FWCA 1160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co

(AG2022/931)

Emerald Carrying Company (South QLD) Bulk LiquidsEnterprise Agreement 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 1 APRIL 2022

Application for the approval of Emerald Carrying Company (South QLD) Bulk Liquids Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the EMERALD CARRYING COMPANY (SOUTH QLD) BULK LIQUIDS ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Co. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 1 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hartfell Pty Ltd ATF The Haylock Family Trust trading as Emerald Carrying Co, sought approval for the Emerald Carrying Company (South QLD) Bulk Liquids Enterprise Agreement 2021 from the Fair Work Commission. The respondent, Australian Maritime Officers' Union, opposed the application, citing concerns over the terms and conditions outlined in the proposed agreement.

The primary legal issues before the Court were whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement was fair and reasonable in all its terms. In particular, the Court needed to consider if the agreement provided for a fair and efficient workplace while also addressing the interests of both the employer and the employees.

The Fair Work Commission examined the proposed agreement in detail, assessing whether it met the criteria for approval under the Fair Work Act. The Court considered the views of both parties and the broader implications of the agreement for the industry. After careful deliberation, the Court determined that the agreement was fair and reasonable, meeting all necessary legislative requirements. The Court approved the Emerald Carrying Company (South QLD) Bulk Liquids Enterprise Agreement 2021, subject to the conditions and provisions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established