DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Company
(AG2018/776)

EMERALD CARRYING COMPANY (QLD) BULK LIQUIDS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER LEE	MELBOURNE, 10 SEPTEMBER 2018

Application for approval of the Emerald Carrying Company (QLD) Bulk Liquids Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Carrying Company (QLD) Bulk Liquids Enterprise Agreement 2018 (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 Company. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2018. The nominal expiry date of the Agreement is 10 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Hartfell Pty Ltd ATF The Haylock Family Trust T/A Emerald Carrying Company, the matter involved an application for the approval of the Emerald Carrying Company (QLD) Bulk Liquids Enterprise Agreement 2018. The application was heard in the Fair Work Commission, with the Applicant being the employer and the respondents being the unions representing the employees. The primary issue at hand was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to address included the examination of whether the agreement contained all the required terms as stipulated by the Fair Work Act, and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement provided for the proper protection of employees' rights and interests, as well as whether it was in the best interest of the employees. The Applicant argued that the agreement was a genuine and fair representation of the parties' negotiations, while the respondents raised concerns about the fairness and adequacy of the agreement, particularly in relation to certain provisions.

In delivering the decision, the Fair Work Commission considered the arguments put forward by both parties and conducted a thorough examination of the agreement. The Commission found that the agreement contained all the necessary terms and was made in good faith. It was determined that the agreement provided for the proper protection of employees' rights and interests, and that it was in the best interest of the employees. Consequently, the Commission approved the Emerald Carrying Company (QLD) Bulk Liquids Enterprise Agreement 2018. The decision was based on the belief that the agreement represented a fair and reasonable outcome for all parties involved, taking into consideration the unique circumstances of the industry and the need for continued operation and stability.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established