Hills Tankers Pty Ltd Summary

[2022] FWCA 2683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hills Tankers Pty Ltd

(AG2022/3083)

Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2022

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 AUGUST 2022

Application for approval of the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2022

Hills Tankers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 August 2022 and, in accordance with s 54, will operate from 15 August 2022. The nominal expiry date of the Agreement is 7 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hills Tankers Pty Ltd sought approval for the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2022 before the Fair Work Commission. The matter involved the determination of whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment, including pay rates, hours of work, and other employment provisions, which were subject to negotiation between the company and its employees.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory criteria outlined in the Fair Work Act, including whether it provided for minimum rates of pay, included appropriate dispute resolution mechanisms, and was made in good faith and without coercion. The Commission also had to consider whether the agreement was fair and reasonable, taking into account the relevant out-of-market test and other factors specified in the Act.

The Commission determined that the proposed enterprise agreement met all statutory requirements. It found that the agreement provided for appropriate minimum rates of pay and conditions, included adequate dispute resolution provisions, and was made in good faith without any coercion. The Commission was satisfied that the agreement was fair and reasonable, taking into account the relevant factors and the out-of-market test. Consequently, the Commission approved the Hills Tankers Bulk Liquids North QLD Enterprise Agreement 2022.

In its decision, the Commission set out the approved terms of the enterprise agreement, which would now govern the employment conditions of the relevant employees. The decision was final and binding, and the parties were required to comply with the approved agreement.

Hills Tankers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established