DECISION

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

National Union of Workers
(AG2016/18)

STOLTHAVEN COODE ISLAND PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2015

Oil and gas industry
VICE PRESIDENT WATSON	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers (NUW).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 6 January 2016.

[3] 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.

[4] The NUW 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(1)(a), will operate from 4 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers applied for approval of a collective agreement made with Stolthaven Coode Island Pty Ltd. The agreement covered various aspects of employment, including wages, conditions, and dispute resolution procedures. The primary focus of the application was to ensure the agreement met the requirements of Australian workplace laws.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly sections related to the approval process and the content of the agreement. The Commission had to determine if the agreement was made in good faith, if it provided for the fair and efficient determination of employees' terms and conditions of employment, and if it met the procedural requirements for approval. Additionally, the Commission examined if the agreement contained terms that were consistent with the principles of the modern industrial relations system, such as avoiding unnecessary complexity and ensuring transparency.

After considering the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and met the procedural requirements for approval. The Commission also determined that the agreement provided for the fair and efficient determination of employees' terms and conditions of employment, and that the content was consistent with the principles of the modern industrial relations system. The Commission approved the agreement, highlighting the importance of collective bargaining in achieving fair outcomes for both employers and employees.

The final orders of the Commission included the approval of the Stolthaven Coode Island Pty Ltd & National Union of Workers Collective Agreement 2015, subject to the terms and conditions set out in the agreement and the Fair Work Act 2009. The Commission also noted that the agreement would be registered on the Register of Approved Agreements, and that it would be binding on all parties covered by the agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established