Osborne Terminal Pty Ltd T/A Osborne Terminal Pty Ltd

[2023] FWCA 735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Osborne Terminal Pty Ltd T/A Osborne Terminal Pty Ltd

(AG2023/425)

Osborne Terminal Pty Ltd and United Workers Union Agreement 2022

Oil and gas industry
COMMISSIONER WILSON	MELBOURNE, 8 MARCH 2023

Application for approval of the Osborne Terminal Pty Ltd and United Workers Union Agreement 2022

An application has been made for approval of an enterprise agreement known as the Osborne Terminal Pty Ltd and United Workers Union Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Osborne Terminal Pty Ltd T/A Osborne Terminal Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The United Workers’ 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 15 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Osborne Terminal Pty Ltd, trading as Osborne Terminal, and the United Workers Union. The dispute was centred on the application for the approval of a proposed agreement between Osborne Terminal and the union. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act, and whether the agreement was in the best interests of the employees covered by it. Specifically, the Commission had to consider whether the proposed agreement provided for fair and reasonable terms and conditions of employment and whether it was likely to promote harmonious, productive and cooperative workplace relations.

In its decision, the Commission determined that the proposed agreement did meet the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to promote harmonious, productive and cooperative workplace relations. The Commission noted that the agreement provided for a number of benefits for employees, including improved pay and conditions, and that these benefits were commensurate with the obligations placed on the employees. The Commission also found that the agreement was in the best interests of the employees covered by it.

The Commission approved the proposed agreement, subject to certain conditions and modifications. The final orders included the approval of the agreement, with modifications to certain provisions relating to redundancy pay and leave entitlements. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it be brought into effect on a specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established