Stolthaven Coode Island Pty Ltd T/A Stolthaven Coode Island Pty Ltd

Case [2022] FWCA 3232


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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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Details
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

In the case of Stolthaven Coode Island Pty Ltd T/A Stolthaven Coode Island Pty Ltd, the Fair Work Commission was tasked with deciding on the approval of the Stolthaven Coode Island Pty Ltd & United Workers Union Enterprise Agreement 2022-2023. The dispute revolved around the validity and enforceability of the enterprise agreement as proposed between Stolthaven Coode Island Pty Ltd and the United Workers Union, which represented the employees at the Coode Island terminal. The commission was required to examine whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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