Mr Robert Davidson

[2013] FWCA 8592

[2013] FWCA 8592

FAIR WORK COMMISSION

DECISION

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

Mr Robert Davidson
(AG2013/10975)

TERMINALS PTY LTD PORT BOTANY (HYDROCARBON) TERMINAL ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Terminals Pty Ltd Port Botany (Hydrocarbon) Terminal Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robert Davidson on behalf of Terminals Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Canberra on 21 October 2013. The application included a Statutory Declaration of Andrew Hogg made on behalf of the Employer and dated 16 October 2013, (the Declaration). The Declaration stated that the Agreement was made on 8 October 2013. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 1 November 2013. I note that the file has included a Statutory Declaration of Derrick Belan made on behalf of the NSW Branch of the National Union of Workers (the Union), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 19 and a consultation term at clause 20.

[6] 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.

[7] The Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the Union.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 8 November 2013. The nominal expiry date of the Agreement as specified in clause 14 of the Agreement, is 31 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code O, AE405110  PR544036>