Patriot Tankers Pty Ltd T/A Patriot Environmental Management
[2024] FWCA 916
•15 MARCH 2024
| [2024] FWCA 916 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Patriot Tankers Pty Ltd T/A Patriot Environmental Management
(AG2024/449)
PATRIOT TANKERS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2023
| Waste management industry | |
| COMMISSIONER CONNOLLY | MELBOURNE, 15 MARCH 2024 |
Application for approval of the Patriot Tankers Pty Ltd Victoria Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Patriot Tankers Pty Ltd Victoria Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Patriot Tankers Pty Ltd T/A Patriot Environmental Management (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 1 March 2024.
The notification time for the Agreement under s.173(2) was 7 and 9 June 2023 and the Agreement was made on 13 February 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 4 March 2024, the Employer was invited to address aspects of the Agreement.
In respect of the Notice of Employee Representational Rights (NERR), it is unclear whether or not all employees were provided the NERR within the required 14-day period. In respect of this deficiency, the Applicant has provided further submissions that in consultation with the employee bargaining representatives, the employer took steps to ensure all employees were provided with a copy of the NEER and that while this did not occur on the same date and the same time due to the practical challenges of staffing and rosters, reasonable steps were taken to ensure this requirement was met. On these submissions, I am satisfied that employees have not been disadvantaged by this deficiency and that no employee who is covered by the proposed Agreement has been disenfranchised from participation in the bargaining process. I am satisfied (taking into consideration s.188(5) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.
As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.
The “The Australian 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 21 March 2027.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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