| [2022] FWCA 3232 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stolthaven Coode Island Pty Ltd T/A Stolthaven Coode Island Pty Ltd
(AG2022/3748)
Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022 - 2023
| Oil and gas industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 16 SEPTEMBER 2022 |
Application for approval of the Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022 - 2023
An application has been made for approval of an enterprise agreement known as the Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stolthaven Coode Island Pty Ltd T/A Stolthaven Coode Island Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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, will operate from 23 September 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Stolthaven Coode Island Pty Ltd T/A Stolthaven Coode Island Pty Ltd [2022] FWCA 3232
- Case
- [2022] FWCA 3232
- Decision Date
CaseChat Overview and Summary
The key legal issues before the commission were whether the agreement was genuinely negotiated between the parties, if it included all the mandated terms and conditions, and if it adhered to the procedural requirements for making such an agreement. The commission had to assess if the agreement was fair and if it provided adequate protections for the employees. The union and the employer needed to demonstrate that the agreement was negotiated in good faith and that it did not discriminate against any group of employees.
The Fair Work Commission found that the Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022-2023 was fairly negotiated and met all the statutory requirements. The commission observed that both parties had complied with the relevant procedures and that the agreement contained all the necessary terms and conditions. The commission was satisfied that the agreement was fair and did not disadvantage any group of employees. Consequently, the commission approved the enterprise agreement, determining that it was in the best interests of the employees and the employer.
In approving the enterprise agreement, the commission provided final orders that the Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022-2023 was to be registered and enforced as a binding agreement between the parties. The agreement was to be effective from 1 July 2022 and would remain in force until 30 June 2023. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment during the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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