PJ & AD Hill Pty Ltd T/A Hills Tankers Qld Summary

[2013] FWCA 2859

FAIR WORK COMMISSION

DECISION

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

PJ & AD Hill Pty Ltd T/A Hills Tankers Qld
(AG2013/6101)

TRANSPORT WORKERS UNION AND HILL'S TANKERS BULK LIQUIDS ENTERPRISE QLD AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 8 MAY 2013

Application for approval of the Transport Workers Union and Hill's Tankers Bulk Liquids Enterprise QLD Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Transport Workers Union and Hill’s Tankers Bulk Liquids Enterprise QLD Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by PJ & AD Hill Pty Ltd t/a Hills Tankers Qld. 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 Transport Workers’ Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 May 2013. The nominal expiry date of the Agreement is 20 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PJ & AD Hill Pty Ltd trading as Hills Tankers Queensland, the Transport Workers Union sought approval of the Transport Workers Union and Hill's Tankers Bulk Liquids Enterprise Queensland Agreement 2012. The union argued that the agreement was necessary to address discrepancies between the enterprise agreement and the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The central legal issue before the court was whether the agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the court needed to determine if the agreement was in the public interest, whether it provided for the appropriate resolution of workplace issues, and if it met the procedural requirements for approval. Additionally, the court had to consider whether the agreement provided for adequate protections for employees and employers.

The court found that the agreement was in the public interest and provided for the appropriate resolution of workplace issues. It concluded that the agreement met the procedural requirements for approval and provided adequate protections for employees and employers. The court noted that the agreement contained provisions for dispute resolution, including a mechanism for the appointment of independent experts to assist in resolving disputes. Furthermore, the agreement provided for the establishment of a joint consultative committee to facilitate communication between the parties and to address any issues that arose under the agreement. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and was therefore approved the agreement.

The Fair Work Commission approved the Transport Workers Union and Hill's Tankers Bulk Liquids Enterprise Queensland Agreement 2012, subject to certain conditions. The court ordered that the agreement be registered and published in accordance with the Fair Work Act. The agreement will now apply to the employees covered by the enterprise bargaining agreement and will remain in force until it is terminated or varied by the parties or the Fair Work Commission.

PJ & AD Hill Pty Ltd T/A Hills Tankers Qld

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established