Pacific Terminals (Australia) Pty Ltd Summary

[2013] FWCA 6082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Terminals (Australia) Pty Ltd
(AG2013/8620)

PACIFIC TERMINALS (AUSTRALIA) PTY LTD QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2013 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 27 AUGUST 2013

Application for approval of the Pacific Terminals (Australia) Pty Ltd Queensland Operations Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Terminals (Australia) Pty Ltd Queensland Operations Enterprise Agreement 2013 -2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific Terminals (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2013. The nominal expiry date of the Agreement is 21 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific Terminals (Australia) Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application was opposed by the Maritime Union of Australia. The dispute was heard by the Fair Work Commission. The central legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained appropriate terms and conditions for employees.

The Commission examined the evidence provided by both parties and considered the relevant legislative provisions. The Commission found that the proposed agreement was made in good faith and contained appropriate terms and conditions for employees. The Commission was satisfied that the agreement met the requirements of the Act. The opposition raised by the Maritime Union of Australia was not sufficient to prevent the approval of the agreement.

The Fair Work Commission approved the Pacific Terminals (Australia) Pty Ltd Queensland Operations Enterprise Agreement 2013-2016. The Commission determined that the agreement was fair and appropriate for the employees covered by it. The opposition raised by the Maritime Union of Australia was rejected. The agreement was approved and is now in effect.

Pacific Terminals (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established