DECISION

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

PJ & AD Hill Pty Ltd T/A Hills Tankers
(AG2016/5332)

TRANSPORT WORKERS UNION AND HILL'S TANKERS BULK LIQUIDS ENTERPRISE QLD AGREEMENT 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 9 SEPTEMBER 2016

Application for approval of the Transport Workers Union and Hill's Tankers Bulk Liquids Enterprise QLD Agreement 2016.

[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 2016 (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. The Agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 16 September 2016. The nominal expiry date of the Agreement is 20 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Transport Workers Union and PJ & AD Hill Pty Ltd trading as Hills Tankers. The dispute centred on the approval of the Transport Workers Union and Hill's Tankers Bulk Liquids Enterprise QLD Agreement 2016. The matter was heard in the Fair Work Commission, which was the appropriate forum for resolving employment-related disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement in question should be approved and registered as a registered agreement under the Fair Work Act. The Commission needed to consider whether the agreement met the statutory requirements, including compliance with the Act, and whether it provided for the fair and equitable treatment of employees. This involved assessing the fairness of the terms and conditions outlined in the agreement, as well as the process through which the agreement was made.

In its reasoning, the Commission found that the agreement was generally fair and reasonable, providing for appropriate terms and conditions of employment. The Commission noted that the agreement was made following a genuine process of negotiation and that it contained provisions that were consistent with the broader framework of the Fair Work Act. The Commission also highlighted that the agreement provided for the fair treatment of employees, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the agreement and directed its registration under the Act.

As a result of the Commission's decision, the Transport Workers Union and PJ & AD Hill Pty Ltd's Bulk Liquids Enterprise QLD Agreement 2016 was approved and registered, thereby providing a legally binding framework for the employment relationship between the parties. The agreement now governs the terms and conditions of employment for the relevant employees, ensuring that they are treated fairly and equitably under the provisions of the Fair Work Act.

PJ & AD Hill Pty Ltd T/A Hills Tankers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established